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(영문) 서울남부지방법원 2016.05.20 2015나57473
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

Facts of recognition

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to A golf 2.0 TDI car (hereinafter “Plaintiff vehicle”), and the Defendant is a mutual aid business entity who entered into a mutual aid agreement with respect to B cargo vehicle (hereinafter “Defendant vehicle”).

B. On September 19, 2014, around 17:30 on September 19, 2014, an accident of collision occurred between the original Defendant and the vehicle during the process of leaving the steel boat at the point of a shop landing in the newannam-gun, Seoul-gun.

(hereinafter “instant accident”). The shock part is the part on the left side of the Plaintiff’s vehicle and the part on the front side of the Defendant’s vehicle.

C. On December 8, 2014, the Plaintiff paid KRW 6,210,000 with the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Grounds for Recognition] The Plaintiff’s assertion of the following facts: Gap’s 1, 2, 4, 5, 7 evidence, and Eul’s assertion of the purport of the whole pleadings and video, and the entire purport of pleading by Eul’s 1, 2, 4, 5, 7, and Eul’s assertion was waiting for leaving a vehicle according to the preceding vehicle. However, the Defendant’s vehicle on the rear side did not discover the Plaintiff’s vehicle which was stopped while leaving the vehicle.

The instant accident was caused by the total negligence of Defendant vehicle.

On deck in the defendant's alleged deck, the vehicle was left at a four-way reduction, but the cargo vehicle at the center was left first, and the vehicle at both right and right end was left.

Nevertheless, the plaintiff's vehicle was put in front of the defendant's vehicle, and the defendant's vehicle was not found to find it, which eventually caused the accident of this case.

The instant accident was caused by the total negligence of the Plaintiff’s vehicle.

Judgment

In other words, the following circumstances are as follows: (a) although four lines on decks were loaded on a ship, it was narrowed at the entrance of a boat head and could have been left at the same time; and (b) the Plaintiff’s vehicle is the Plaintiff’s vehicle.

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