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(영문) 서울중앙지방법원 2020.12.10 2020나35716
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to D (hereinafter “Defendant”).

B. On August 28, 2019, around 08:20, the front part of the Plaintiff’s front part and the left front part of the Defendant’s vehicle were contacted with the Defendant’s vehicle that the Plaintiff’s vehicle was traveling along the opposite part in the front part of the instant apartment parking lot in Seo-gu, Seo-gu, Gwangju.

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

On October 17, 2019, the Plaintiff paid 641,500 won, excluding 200,000 won to the Plaintiff’s driver as the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 9, Eul evidence Nos. 1 through 4 and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff asserts that the accident of this case is an accident that causes the shock of the plaintiff's vehicle that the defendant's vehicle used to stop because of excessive handling of hand Hand, and the driver of the defendant's vehicle asserts that the driver of this case is fully responsible for the accident of this case.

(2) As to this, the Defendant asserts that the instant accident occurred when the Plaintiff’s vehicle was in contact with the Defendant while driving inside the parking lot without leaving the vehicle, so at least 50% of the Plaintiff’s negligence on the part of the Plaintiff’s driver.

B. (1) The following circumstances are revealed in addition to the purport of the entire argument in the evidence as seen earlier, namely, ① despite the fact that the side road in which the instant accident occurred is sufficiently broad enough to pass by driving at two prices, contact between the Plaintiff and the Defendant’s vehicle was made. ② The Defendant’s driver changed the direction immediately before the instant accident occurred, but appears to have changed the direction of the instant accident. ③ Meanwhile, the Plaintiff’s driver was in the parking lot.

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