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(영문) 서울남부지방법원 2015.01.15 2014나54569
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

The first instance court.

Reasons

1. The fact of recognition is an insurer who entered into a comprehensive automobile insurance contract with the non-party A regarding the motor vehicle for the non-party A, and the defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter the defendant Samsung Fire) concluded the comprehensive automobile insurance contract for the motor vehicle for the plaintiff's vehicle for the plaintiff's new global management (hereinafter the defendant New World Management"), around November 19, 2013, around 12:10, the plaintiff's vehicle for the plaintiff's vehicle for the 1st floor above the parking lot of the king-dong Yak-dong Mangyeong-dong Apartment Apartment Apartment Apartment Apartment Apartment apartment at the 30m wide and 6m wide) connected with the second underground floor, and it conflicts with the retaining wall of the second basement parking lot.

(2) On November 21, 2013, the Plaintiff paid KRW 4,740,000 to A the insurance money equivalent to the damages caused by vehicle damage.

① The surface of the instant underground parking lot (2) was located in the ceiling of the instant underground parking lot (3) at the time of the instant accident, ④ the Defendant New World Management Co., Ltd., a photographic of the Plaintiff’s destruction of the Plaintiff’s vehicle, was placed in vinyl on November 18, 2013, because of the instant accident’s seal, and was removed from vinyl on the date of the instant accident.

The downside of the instant underground parking lot and the underground second floor connected thereto had been milched due to the tent water.

Plaintiff

The CCTV was not verified properly on the surface of the vehicle, which was lowered the downway at the time of the accident, and passed through the downway.

Plaintiff

The front part of the vehicle has been damaged by a 30cc depth of the vehicle, and the airbag has become a basis.

At the time of the accident, other vehicles operated without any accident.

(A) evidence of subparagraph 4 A = (Evidence 3). [Based on recognition] / [Evidence 4] A, entry of subparagraph 1, 2, 3, Eul's evidence of subparagraph 3-1, 2 (Evidence 1-1, 2) of subparagraph 3, Gap's evidence of subparagraph 5, 6, 7, 9, 10, 11, 12, 13, Eul's evidence of subparagraph 1 (Evidence 4) (Evidence 4), Eul's evidence of subparagraph 2 (Evidence 2 of subparagraph B), Eul's video of subparagraph 5, the purport of the whole pleadings, and the purport of the whole pleadings.

3. Conclusion

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