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(영문) 서울중앙지방법원 2021.01.19 2020나43113
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport and purport of the appeal [the purport of the appeal]

Reasons

1. Cases of prohibition of compensation between insurance for vehicles involved in a traffic accident;

A. On July 9, 2019, the insured vehicle (hereinafter “Plaintiff”) of the Defendant Insured vehicle (hereinafter “Defendant Vehicle”) (hereinafter “Defendant Vehicle”) with respect to the insurance relation, including the background of the accident, was traveling along the front parking lot in front of the E apartment F, E apartment F, and the Plaintiff’s vehicle was directly in the head of the underground station. However, when the Defendant Vehicle parked in the parking lot in the ground parking zone, the front part of the Plaintiff’s left side was shocked.

Details of payment of insurance proceeds, excluding KRW 500,000,000, shall be paid on July 18, 2019.

B. The instant accident, which judged negligence, was caused by the principal negligence of the Defendant’s vehicle on the ground that the vehicle was parked in the parking zone, but failed to properly examine the movement of the vehicle driving along the traffic lane, and entered the traffic lane.

must be viewed.

On the other hand, since this place is a passage along which the entrance of the vehicle is frequent, the vehicle running along the road is also obligated to drive safely by examining the movement of other vehicles while driving the vehicle. While the vehicle parked on the front side is driving along the vehicle as the left side of the damaged traffic route, the vehicle was negligent in performing the above duties, and the negligence of the Plaintiff vehicle was also the cause of the occurrence of the instant accident and the expansion of damages.

In full view of the background of the accident in this case and the contents of the negligence in both parties, it is reasonable to 30% of the negligence ratio of the Plaintiff vehicle and 70% of the negligence ratio of the Defendant vehicle.

[Grounds for Recognition] Unsatisfy, Gap 4-6 evidence, Eul 1-3 evidence, the purport of the whole pleadings

C. Accordingly, according to the Defendant’s duty of reimbursement, the Defendant calculated as follows with respect to KRW 3,280,70 as to the Plaintiff and its amount from July 19, 2019, which is the day after the date of payment of insurance money, to June 9, 2020, which is the date of the first instance judgment, the Defendant’s objection is 5% per annum as prescribed by the Civil Act, and the following day to the day of full payment.

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