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(영문) 서울중앙지방법원 2017.11.24 2017나22390
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On October 23, 2016, the Plaintiff’s vehicle intended to park in the Seodaemun-gu Seoul Seodae-dong parking lot, Seodaemun-gu Seoul around October 23, 2016, but there was no empty parking space, making the Defendant’s vehicle parked in a form of street blocking.

At around 18:10 on the same day, the Plaintiff’s vehicle was driven down on a front line for the vehicle of the Defendant, which was moving back from the parking space to the rear, and then turned down the back part of the Defendant’s vehicle to the back part of the Plaintiff’s vehicle to stop to make a right-hand.

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

The Plaintiff paid insurance proceeds of KRW 10,000 on November 28, 2016 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, and the purport of the whole pleadings

2. The plaintiff asserts that at least 50% of the negligence of the defendant vehicle who contributed to the accident of this case is at least 50%, and the plaintiff shall exercise the right to claim damages against the defendant, who is the insurer of the defendant vehicle.

However, according to the above facts of recognition, the accident of this case has started without properly examining the rear.

It is reasonable to deem that the Plaintiff’s fault was caused by the total negligence of the Plaintiff’s vehicle shocking the Defendant’s vehicle in the state of suspension. As such, the Plaintiff’s assertion premised on the negligence of the Defendant vehicle that contributed to the instant accident is without merit

3. As such, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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