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(영문) 부산지방법원 2019.07.24 2019나41973
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

(2) While entering a parking lot at the entrance, the Plaintiff’s vehicle and shocked (hereinafter “instant accident”) going towards the entrance of the underground parking lot at the parking lot, and the owner of the Plaintiff’s vehicle, which was damaged on the left side of the Plaintiff’s vehicle, claimed a self-insurance premium on the ground that the Plaintiff’s vehicle was covered by the Plaintiff’s automobile insurance. On July 12, 2018, the Plaintiff paid KRW 362,000 to the G Automobile Maintenance Industry Company at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition: Facts without dispute, Gap evidence Nos. 1 through 6, and Eul evidence Nos. 1 through 6, the purport of the whole pleadings and arguments] The plaintiff's assertion by the parties is that the plaintiff's vehicle had been on the right-hand side of the underground parking lot, and it was upcoming the plaintiff's vehicle by making the right-hand side. Since the defendant's vehicle entered a large bypass, the accident of this case is an accident by 100% of the negligence of the defendant's vehicle.

Therefore, the defendant should pay to the plaintiff 362,00 won (362,000*100%) and damages for delay.

The defendant's vehicle was driven by the defendant's vehicle to enter the underground parking lot, and the accident of this case occurred due to the failure of the plaintiff's vehicle to care in the front-time, while the plaintiff's vehicle was rapidly entering the string road.

Therefore, the accident of this case is caused by the negligence of the plaintiff's vehicle, and the defendant is not obligated to pay the indemnity to the plaintiff.

Judgment

The following facts and circumstances revealed by the Plaintiff’s vehicle and the Defendant’s vehicle’s fault ratio: (a) the entrance of the parking lot in which the accident of this case occurred is the structure that can only be seen as the other party only after the vehicle entering the entrance was made a bypass; and (b) the said place is not a case where the speed of the vehicle is considerably high even if the vehicle stops immediately due to narrow breadths at the two prices of the vehicle.

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