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(영문) 서울중앙지방법원 2018.01.24 2017나55222
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to A rocketing vehicles (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile comprehensive insurance contract with respect to B cargo Posing vehicles (hereinafter “Defendant vehicles”).

B. On June 7, 2016, around 19:10 on June 7, 2016, while the Plaintiff’s vehicle was placed on the front side of the station in the Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu branch office in the Bank of Yeongdeungpo-gu, the Plaintiff’s vehicle was placed on the right side of the Plaintiff’s vehicle to load the vehicle to remove the goods from the Defendant’s vehicle parked in the reverse direction, and the Plaintiff’s vehicle collision with the Plaintiff’s vehicle and the Defendant’s vehicle’s passenger who was prepared

(hereinafter “instant accident”). C.

Until July 25, 2016, the Plaintiff paid C the total amount of KRW 1,535,330 with medical expenses and the amount agreed upon.

[Ground of recognition] The descriptions and images of Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 4, and 6 (including branch numbers, if any) and the purport of the whole pleadings

2. The judgment of this case requires the duty of care to anticipate the fact that the door can be opened on the parked vehicle in close vicinity to the parked vehicle, but the negligence of the plaintiff vehicle and the driver of the vehicle and the driver of the vehicle C stop on the road without properly examining the traffic situation of the vehicle and stopping the vehicle in the reverse direction, and the negligence of the defendant vehicle caused concurrent occurrence of the vehicle by the defendant vehicle, which made it difficult for the plaintiff and the driver of the vehicle to take into account the surrounding situation because the vehicle loaded on the road and the view is placed on the road. The above accident circumstances and the vehicle stopped along both sides of the narrow side road, including the defendant vehicle, and the vehicle stopped close to the defendant vehicle. The plaintiff vehicle and the defendant are treated as 80% of the fault ratio of the defendant vehicle.

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