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(영문) 서울중앙지방법원 2017.11.17 2017나10687
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The following facts of recognition may be found either in dispute between the parties or in Gap evidence of 1 to 4, Gap evidence of 6 to 11, Eul evidence of 1 and 3 to 7, together with the purport of the entire pleadings (including branch numbers).

The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter referred to as “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to B (hereinafter referred to as “Defendant vehicle”).

B. On March 2, 2016, around 19:10, the Defendant’s vehicle stops on the one-lane of the two-lane road located in Mapo-gu Seoul Mapo-gu, Seoul (hereinafter “instant road”) in order to turn off to a non-protection seat. While changing the vehicle to two-lane, the Defendant’s vehicle stopped on the right side of the Defendant’s vehicle and was placed adjacent to the right side of the Defendant’s vehicle.

(hereinafter referred to as “instant accident”). C.

From March 29, 2016 to June 27, 2016, the Plaintiff paid KRW 1,162,000 as the repair cost of the Plaintiff’s vehicle caused by the instant accident.

2. According to the above-mentioned facts, the evidence, and the purport of the whole pleadings, the accident of this case stops on the first lane of the road of this case in order to conduct a non-protective seating, and it is deemed that the accident of this case was caused by the principal negligence of the defendant driver who did not confirm that the plaintiff's vehicle is standing on the right side while changing the vehicle to the second lane of this case.

On the other hand, however, although the vehicle was parked at the edge of the two-lanes of the instant road at the time of the instant accident, it was difficult to drive the two-lane normally, the driver of the Plaintiff vehicle, despite that it was difficult to drive the two-lanes normally, shall enter the Defendant vehicle in a narrow space between the Defendant vehicle stopped on the first lane and the vehicles parked on the second lane.

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