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(영문) 서울중앙지방법원 2016.11.23 2016나50343
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to AKaman vehicle (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has entered into an automobile insurance contract with respect to B low-priced vehicle (hereinafter “Defendant vehicle”).

B. On May 10, 2015, around 13:45, the Plaintiff’s vehicle is running in the parking lot to find a parking place at the parking lot for the parking lot for the middle-lane D parking zone for the middle-lane D in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun. After finding a parking place, the Plaintiff’s vehicle was shocked by the back portion of the Defendant’s vehicle, which moves back to the front side of the parking line, to immediately put the Defendant’s vehicle into the front side of the parking line.

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

On May 29, 2015, the Plaintiff paid KRW 1,637,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Evidence] Facts without dispute, Gap evidence 1 to 10 (including additional numbers) and Eul evidence 2 to 5, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff is entirely responsible for the accident of this case since the accident of this case occurred without sufficient time to defend the plaintiff's vehicle due to the unreasonable exhaustion of the defendant vehicle. Accordingly, in the case of the parking lot, the defendant claims that the vehicle of this case, which is a vehicle in the parking lot, has contributed to 25% of the occurrence of the accident of this case, since the vehicle of this case, which is a vehicle in the parking lot, always parked, should be seen as having to go to the driving of the vehicle while cancelling the parking condition, unlike the general road.

B. The following circumstances: (a) the Plaintiff’s vehicle was proceeding through the Defendant’s parking line behind the parking line where the Defendant’s vehicle had already been parked; (b) the Defendant’s vehicle did not confirm the Plaintiff’s vehicle in progress as above.

The accident of this case occurred, and the defendant.

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