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(영문) 서울남부지방법원 2018.07.05 2018나50213
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

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 February 20, 2017, around 17:05, at port, the Defendant, who was leaving the instant slope to enter the underground parking lot, was shocking the Plaintiff’s vehicle located on the instant slope (hereinafter “instant accident”) with the view to leaving the instant slope to the ground (hereinafter “instant slope”).

At the time of the instant accident, the Defendant’s vehicle was proceeding beyond the upper center line of the instant slope, and the Plaintiff’s vehicle’s driver, while not breaking the upper center line, placed the vehicle on the wall of the instant slope to the maximum extent possible and stopped the Defendant’s vehicle on the side.

C. As a result of the instant accident, the Plaintiff paid KRW 1,225,450 in total as the insurer of the Plaintiff’s vehicle from February 24, 2017 to July 12, 2017.

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

2. In full view of the background leading up to the occurrence of the instant accident, the location of the original and the Defendant vehicle at the time of the instant accident, and the degree of the collision, which can be found by the evidence duly admitted and investigated by the first instance court, the driver of the Defendant vehicle at the time of the instant accident, despite failing to perform his duty of care to drive safely while driving the vehicle on the front side, is likely to cause the instant slope, and the instant accident caused the instant accident by finding the Defendant vehicle, which was parked on the front side, at the time of the instant accident.

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