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(영문) 서울중앙지방법원 2020.06.05 2019나76520
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. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with D vehicle (hereinafter “Defendant vehicle”).

B. On June 18, 2019, around 14:55, the Plaintiff’s vehicle that caused the instant accident conflicts with the Defendant’s vehicle that was sent back from the front parking zone in the direction of the Plaintiff’s driving direction while driving at the FF driving range parking lot located in Nam-gu, Busan.

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

On June 25, 2019, the Plaintiff paid the total of KRW 463,500 (including KRW 200,000 of the self-paid share of the insured) with the repair cost, etc. of the Plaintiff’s vehicle due to the instant accident.

【Fact-finding without a dispute over the ground for recognition, Gap evidence 1 through 7, Eul evidence 1 through 3, and the purport of the whole pleadings

2. Determination

A. The following circumstances, which can be acknowledged by adding the evidence and the overall purport of arguments as seen earlier, that is, the instant accident appears to have a principal negligence on the Defendant’s vehicle, such as an accident caused by a sudden breakdown of the Plaintiff’s vehicle and the Defendant’s vehicle parked in the parking lot, which is parked in the front and the front of the pleading. Meanwhile, in light of the characteristics of the parking lot, despite the Plaintiff’s duty of care to safely drive, such as checking the vehicle with the same vehicle as the Defendant’s vehicle, the Plaintiff’s vehicle is proceeding without reducing special speed in the parking lot. Considering the video at the time of the accident, the Plaintiff’s vehicle driver could sufficiently check the vehicle from the front of the Defendant’s vehicle at the time of the accident, and even if it was possible to verify the vehicle from the front of the vehicle at the time of the accident, while stopping close to the Defendant’s vehicle and providing the cause of the accident.

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