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(영문) 춘천지방법원 강릉지원 2021.02.09 2020나31170
구상금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to Crocketing vehicles (hereinafter “Plaintiff vehicles”) with the insurance period from June 30, 2010 to June 30, 2011.

B. On October 1, 2010, the Defendant: (a) stopped at the entrance of the D Apartment-si (hereinafter “Defendant vehicle”) on one-lane, the part of the Plaintiff’s front and rear door, which was in a straight line, at the top left corner of the front driver’s vehicle, and re-enters at one-lane, of the entrance of the D Apartment-si (hereinafter “Defendant vehicle”); and (b) shocked the front and rear door of the front driver’s vehicle that was in a straight line (hereinafter “the instant accident”).

On October 29, 2010, the Plaintiff paid KRW 2,573,700 as insurance money for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 to 5 (including various numbers, if any) and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff suffered the accident of this case in violation of the duty of care that the defendant should start safely after stopping the vehicle at the location of the accident of this case.

The defendant is claiming for the payment of insurance money paid as the repair cost of the plaintiff's vehicle and delayed damages.

In regard to this, the defendant had caused the accident of this case by the sudden negligence of the plaintiff's vehicle, which had been driven by the defendant's vehicle that had already been driven by the defendant's vehicle, or contributed to the substantial part of the accident caused by the driver's negligence of the plaintiff vehicle.

DaNN

B. In light of the following circumstances acknowledged by the evidence of this case, i.e., ① the instant accident occurred during the process of stopping and departing from the Defendant’s vehicle after stopping, ② the left-hand corner of the Defendant’s vehicle at the time of the instant accident and the front and rear door of the Plaintiff’s vehicle are shocked.

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