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(영문) 서울중앙지방법원 2019.04.26 2018가단5081406
구상금
Text

1. The Defendant’s KRW 37,241,00 for the Plaintiff and 5% per annum from February 24, 2018 to May 3, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is the insurer of the Cleeped Car (Plaintiff’s Vehicle), and the Defendant is the insurer of the Dleeped Car (Defendant’s Vehicle).

E, around 14:30 on December 22, 2017, the driver of the Defendant vehicle and the driver of the Defendant vehicle in Yong-gun, Young-gun, Young-gun, in the direction of the set-off ri-ri reservoir in the vicinity of the Pyeongtaek village, did not discover the Plaintiff’s vehicle that was parked on the right side of the road due to the stroke-ri operation in the vicinity of the intersection, and caused an accident (the accident in this case) that strokes down the part of the Defendant’s left side of the vehicle and the part of the driver’s stroke in the right side of the Defendant vehicle.

B. The road in which the instant accident occurred is one lane, and the width is wider from the vicinity of the intersection, which is the point where the accident occurred, one lane leading to the right-hand side to the port of axis.

On the right side of the road, white solid lines are cut.

The plaintiff vehicle was parked on the right side of the road where the width is wide.

The defendant vehicle seems to have tried to straight down as it is at the intersection.

C. The Plaintiff paid KRW 37,241,000, excluding its own shares, at the repair cost of the Plaintiff’s vehicle.

[Grounds for Recognition: Facts without dispute, Gap 1 through 5, Gap 7 through 8, Eul 1, the purport of the whole pleadings]

2. The plaintiff asserts that the accident of this case was caused by the negligence of the defendant's vehicle driving exclusively, since the plaintiff's vehicle was parked on the side of the right white line.

The defendant has parked on the two-lanes of the road in the section where the vehicle of the plaintiff is widened, which is a parking method that obstructs the traffic of other vehicles, and therefore, the plaintiff vehicle is also negligent.

In full view of all the evidence presented by the Plaintiff and the Defendant, it is not confirmed whether the Plaintiff’s vehicle was parked at any point of time at the time of the instant accident.

However, in full view of the above evidence, the road is based on the field photographs.

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