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(영문) 서울중앙지방법원 2020.04.28 2019나54094
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurance company that entered into an automobile insurance contract with respect to D vehicles (hereinafter “Plaintiff vehicles”). The Defendant is the owner of E vehicles (hereinafter “Defendant vehicles”). The Intervenor joining the Defendant is an insurance company that entered into an automobile insurance contract with respect to the Defendant vehicles.

B. Around 21:45 on December 29, 2018, the Defendant’s vehicle was at the right right right right right right right right right right right right right right right right right right side of the Plaintiff’s vehicle stopped on the three-lanes while the Defendant’s vehicle was at the right right right right right side of the Defendant’s vehicle.

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

On February 18, 2019, the Plaintiff paid KRW 3,240,000 as insurance money, excluding KRW 500,000,000, to the Plaintiff’s self-paid car damages caused by the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 and 3, and the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the accident in this case occurred due to the unilateral negligence of the defendant's vehicle, which was parked in the vehicle parked, and the defendant asserts that the accident in this case occurred due to the illegal parking of the plaintiff's vehicle in the zone where parking is prohibited. Thus, the defendant asserts that the negligence of the defendant's vehicle and the negligence of the plaintiff's vehicle coincide with that of the plaintiff'

B. In full view of the facts acknowledged earlier and the overall purport of the arguments, namely, the following circumstances, even if the Plaintiff’s vehicle stopped near the intersection, which is the location where the instant accident occurred, there were sufficient spaces for the Defendant’s vehicle to pass, and the negligence by failing to properly operate the steering gear while the Defendant’s vehicle is at right time, appears to be the main cause of the instant accident. However, the driver of any vehicle shall not stop or park the vehicle at a place within 10 meters from the edge of the crossing or the crosswalk.

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