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(영문) 서울중앙지방법원 2016.09.22 2015나73936
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded each comprehensive automobile insurance contract with respect to the Plaintiff Company A (hereinafter “Plaintiff”) and with respect to the Defendant Company B (hereinafter “Defendant Vehicle”).

B. At around 13:30 on June 4, 2014, the Plaintiff’s vehicle driven along the alleyway in front of the Dcafeteria located in Ansan-si C, and caused an accident that may occur after shocking Non-Party E, which was parked on the front side of the Defendant’s vehicle parked in the route due to the front part of the vehicle and brought about an accident (hereinafter “instant accident”).

C. On July 20, 2014 and August 19, 2014, the Plaintiff paid the repair company a total of KRW 15,620,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 5 (including branch numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the Plaintiff is liable to pay KRW 3,124,00 equivalent to 20% of the insurance proceeds paid by the Plaintiff, among the insurance proceeds paid by the Plaintiff, as the degree of contribution to the occurrence of the instant accident falls under 20%.

On the other hand, the defendant asserted to the effect that the defendant's vehicle is a vehicle used in front of the place of the accident in this case and is parked in front of the place of the accident.

B. In full view of the judgment, the road situation at the place where the accident occurred as seen earlier, and the background of the accident, etc., the point where the accident occurred is a sideway, and the neighboring residents’ vehicles are parked. However, since the parking zone line is not installed, it cannot be considered an area where parking is permitted. The accident of this case is an accident where the driver of the Plaintiff’s vehicle drives the road, and the driver of the Plaintiff’s vehicle took the same stop as the driver of the vehicle driving along the road.

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