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(영문) 서울중앙지방법원 2019.05.03 2018나80508
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

1..

Reasons

1. The circumstances leading up to the instant accident are as follows.

On July 18, 2017, at the time of the accident, the insured vehicle CD of the insured vehicle of the Plaintiff at the time of the accident, and around 11:50 on July 18, 2017, the Plaintiff’s vehicle parked in the above underground parking lot line in the building underground parking lot in Gangnam-gu Seoul, Seoul, was parked in the above underground parking lot. The instant accident occurred, which conflict with the Defendant vehicle that attempted to park after going to move in. The part behind the left side of the Plaintiff vehicle and the part behind the right side of the Defendant vehicle was damaged. The payment of the insurance money was 419,000 won and the part behind the right side of the Defendant vehicle was damaged. The fact that there is no dispute on the payment date of the insurance money amount of KRW 419,00,00 on January 24, 2018 [based on recognition], Gap’s 1 through 4,6, Eul’s evidence No. 1 and 2(including the virtual number)

2. Determination

A. In full view of the evidence as seen earlier, ① the front part of the vehicle parked in the above underground parking zone line with the front part of the vehicle towards the passage, ② the Defendant vehicle was parked but failed to park on the parking zone line on the right side of the Plaintiff vehicle, and was parked again on the left side of the Plaintiff vehicle, ③ the Plaintiff vehicle was parked in the parking zone line with the Defendant vehicle, and entered the passage after leaving the parking zone line, ④ the Plaintiff vehicle attempted to depart by using the right side passage, ④ the vehicle was parked in the front part of the parking zone with the vehicle parked in the front part, making it difficult for the Plaintiff vehicle to immediately depart from the vehicle that was parked in the front part of the parking zone. ⑤ The Defendant vehicle that was parked in the parking zone after leaving the parking zone on the right side of the Plaintiff vehicle, and the vehicle of the Plaintiff, as above, can be acknowledged.

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