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(영문) 서울중앙지방법원 2018.11.02 2018나30473
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

1...

Reasons

1. Facts of recognition;

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

B. Around 09:34 on July 8, 2017, the Defendant driver of the vehicle caused an accident of shocking the Plaintiff’s vehicle that was parked on the left side after getting out of the Defendant’s vehicle parked in the parking lot in Songpa-gu Seoul, Songpa-gu Seoul, and left the vehicle and left the vehicle. (hereinafter “instant accident”).

C. On July 14, 2017, the Plaintiff paid KRW 1,611,090 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 5, 6, Eul evidence 1 and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant’s vehicle did not go straight back at the parking lot, but did not pluck or pluck the hand on the left-hand side, and caused the instant accident. The instant accident was wholly caused by the negligence of the Defendant’s vehicle. The Defendant’s vehicle is proceeding ahead of it on the right-hand side in the parking lot, and the instant accident occurred while the Plaintiff’s vehicle, which was going behind, is overtaking on the left-hand side, and thus, the Plaintiff’s vehicle was negligent.

B. The following circumstances, which are acknowledged in full view of the purport of the entire arguments, are as follows: ① the above parking lot has a space to the extent that the two prices of vehicles are only secured; ② the Defendant’s vehicle ought to proceed to the right side so as not to obstruct the passage of other vehicles at the above parking lot where the traffic of the vehicle is frequent; but the instant accident appears to have occurred while driving to the left side; ③ the Plaintiff’s vehicle is in front and rear the vehicle at the parking lot; and ③ the Plaintiff’s vehicle is in front and rear the vehicle at the parking lot, and thus, it is necessary to drive the vehicle by examining its attitude.

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