(영문) 서울중앙지방법원 2015.10.23 2015나19796

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자간(%)

(영문) 서울중앙지방법원 2015.10.23 2015나19796

구상금

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with the Plaintiff regarding the B-owned vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who entered into a mutual aid agreement with the Defendant with respect to C-Motor vehicle (hereinafter “Defendant”).

B. D, around 07:00 on July 17, 2014, driven the Plaintiff’s vehicle and attempted to enter the Seo-gu Office bypassing along the four-lanes in front of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu. However, the Defendant’s vehicle stopped on the four-lanes of the said road at the bed and entered the four-lanes of the said road, which led to the shock of the front front part of the Plaintiff’s driver’s seat and the front part of the Plaintiff’s vehicle, while entering the Seo-gu office.

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

On July 24, 2014, the Plaintiff paid KRW 796,400 as insurance money for the repair cost due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 5 evidence, Eul evidence 1 (including each number if the provisional number is attached) or video, the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff asserted 1) The plaintiff asserts that the accident of this case occurred due to the shock of the plaintiff's vehicle, which was parked on the fourth lane of the accident, which was trying to enter the Seo-gu Office bypassing the vehicle from the third lane of the accident, and caused the plaintiff's unilateral negligence. The plaintiff paid 796,400 won of the damage amount caused by the accident of this case in full. The defendant who is the mutual aid business operator of the defendant vehicle, is obliged to pay the damage amount of this case to the plaintiff who acquired the subrogation of the damage claim due to the accident of this case, the damage amount of this case, 796,400 won due to the accident of this case, and the delay damages amount thereof. 2) The defendant's accident of this case occurred due to the shock of the defendant's vehicle which the plaintiff who stopped on the fourth lane of the accident of this case was parked on the

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