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(영문) 서울중앙지방법원 2018.06.20 2017나76403
구상금
Text

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

The defendant.

Reasons

1. Basic facts

A. On June 20, 2014, at around 23:15, A driving a B Oba on the 2nd two-lane road in front of the name company of Pyeongtaek-si, Pyeongtaek-dong, and discovered C vehicles parked at the two-lanes in front of the name company of Pyeongtaek-dong (hereinafter referred to as “Defendant vehicles”) late later, and avoided them, and suffered injury, such as cutting off between the two-lanes on the right side by getting out of it.

(hereinafter “instant accident”). (b)

The place where the accident of this case occurred is the place after the bend road is terminated at the right side and approximately 80 meters progress in the straight line form. At the time of the accident, the location of the accident of this case was the place after the accident.

The defendant's vehicle was parked as a cargo vehicle with 4.5 tons without turning the light at a place where parking is prohibited at the time of the accident.

C. The Plaintiff paid A medical care benefits amounting to KRW 12,567,220, temporary layoff benefits amounting to KRW 15,138,670, and disability benefits amounting to KRW 23,401,760.

The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant vehicle.

[Basis] Facts without dispute, Gap evidence 1, 2, 6, 7, 9, 11, Eul evidence 2 through 5, 10, Gap evidence 10, Eul evidence 10, Eul evidence 1, and the purport of the whole pleadings

2. According to the above recognition of the right of indemnification, the driver of the defendant vehicle parked the above vehicle at a place where parking is prohibited, and also parked the vehicle on the road at night, according to Article 37(1)1 of the Road Traffic Act, Article 37(2)1 of the Enforcement Decree of the Road Traffic Act, Article 37(1)1 of the Road Traffic Act, Article 19(2)1 of the Enforcement Decree of the same Act, and Article 19(2)1 of the Enforcement Decree of the same Act, when the driver of the vehicle parks the vehicle on the road at night, the driver of the vehicle shall turn on the

At the time of the occurrence of an accident, A is the night where the tail lights and sidelightss are not used under the provisions of the Act, and even if the place is a road in the straight line, A is the defendant.

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