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(영문) 서울중앙지방법원 2017.07.19 2017나8264
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

Facts of recognition

1) The Plaintiff is the Plaintiff’s Party B-owned vehicle B (hereinafter “Plaintiff”)

(2) The Defendant is an insurer who has entered into an automobile comprehensive insurance contract with respect to C vehicles (hereinafter “Defendant vehicles”).

As indicated in the attached Form 1, the Defendant’s vehicle, as indicated in the instant case, is a front road of the building located in the area D with the wife population around March 25, 2016 (hereinafter “instant road”) around 09:15, 2016.

) The Plaintiff’s vehicle that entered the road of this case was still stopped on the right side of the Defendant’s vehicle so that it can pass by the vehicle that was driven behind the said building. The driver of the Defendant’s vehicle, when the vehicle was under way, shall not turn on the right side direction, start the Defendant’s vehicle and shock the front side of the Plaintiff’s vehicle which was stopped on the right side (hereinafter “instant accident”).

(2) The Plaintiff’s vehicle was destroyed due to the instant accident, and the Plaintiff paid KRW 5,456,50 to A as insurance proceeds.

[Reasons for Recognition] The plaintiff's assertion of the purport of Gap's evidence 1 to 6, Eul's evidence 1 to 4 and the purport of the whole pleadings is that the accident of this case occurred because the driver of the defendant's vehicle did not discover the plaintiff's vehicle which was stopped in front of the right.

Therefore, the defendant, who is the insurer of the defendant vehicle, is obligated to pay the full amount of the insurance money paid by the plaintiff to the plaintiff as the insurer of the plaintiff vehicle.

The Defendant’s assertion that the instant accident occurred due to the negligence of the Plaintiff’s driver, or the negligence of the Plaintiff’s driver, because the instant accident occurred due to the Plaintiff’s vehicle’s fault, even though the Plaintiff’s driver was aware that the Defendant’s vehicle is waiting.

Judgment

1.2.2 Doese, Doese, Doese.

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