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(영문) 서울남부지방법원 2019.06.13 2018나63523
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 concluded an automobile insurance contract with the D vehicle owned by C (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with the F vehicle owned by E (hereinafter “Defendant”).

B. On December 20, 2016, around 05:00, the Plaintiff’s vehicle was parked on the back side of the Hadong-dong, Nam-gu, Incheon Metropolitan City G G, in the direction of left-hand side. However, the Defendant’s vehicle driven on the front side of the Plaintiff’s vehicle was found late after the Plaintiff’s vehicle parked and the front part of the Plaintiff’s front and the Defendant’s front part of the vehicle (hereinafter “instant accident”).

C. On October 13, 2017, the Plaintiff paid insurance proceeds of KRW 500,000 at the cost of repairing the Plaintiff’s vehicle.

(Exclusion of Self-Payment 200,000 won). [Grounds for Recognition] / [The fact that there is no dispute, Gap evidence 1 through 7, each of the statements or images of Eul evidence 1 through 3, and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) As the driver of the Defendant’s vehicle, the driver of the Defendant’s vehicle neglected such duty of care while operating the vehicle, and caused the instant accident by neglecting his duty of care. Since it is reasonable to deem that the negligence of the driver of the Defendant vehicle is 100%, the Defendant, the insurer of the Defendant vehicle, is obliged to pay the Plaintiff the insurance proceeds of KRW 500,000, and damages for delay thereof paid to the Plaintiff. (2) The Defendant’s assertion 2) The driver of the Plaintiff’s vehicle shocked with the Defendant’s vehicle that was parked in the left-hand direction on the road of a narrow sloping road without central direction.

The accident site of this case is that many vehicles parked on both sides of the road are driven slowly, and the plaintiff vehicle is driving on the right from the alley on both sides of the road to the right side. The vehicle is parked on the left side of the road while driving on the right side at the accident site of this case.

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