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(영문) 서울중앙지방법원 2020.06.19 2019나78922
구상금
Text

1. Of the judgment of the court of first instance, KRW 5,891,200 against the Plaintiff and its related thereto from February 23, 2019 to June 19, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff Vehicle”) and the Defendant is an insurer who has entered into an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. On February 4, 2019, around 11:30, the Plaintiff’s vehicle was proceeding to leave the parking lot in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, for the purpose of leaving the apartment zone, and there was an accident that conflicts with the Defendant’s vehicle that entered the parking lot beyond the center line and enters the parking lot (hereinafter “instant accident”).

C. On February 22, 2019, the Plaintiff paid KRW 7,489,000 insurance money after deducting KRW 500,000 from the Plaintiff’s driver’s own shares.

[Grounds for Recognition: Facts without dispute, Gap 1 through 6 evidence, each entry or video of Eul 1, and the purport of the whole pleadings]

2. The assertion and judgment

A. The plaintiff asserted that the accident in this case occurred by the whole negligence of the defendant's vehicle who entered the parking lot after going beyond the center line to turn left the left, and the defendant asserted that the accident in this case occurred by the defendant's failure to stop or reduce the progress of the defendant's vehicle that entered the left at least 20%, even though it is sufficiently aware of the progress of the defendant's vehicle that the plaintiff's vehicle enters the parking lot to turn the left.

B. The following circumstances acknowledged by the evidence and the evidence evidence No. 7 as seen earlier, namely, ① the instant accident occurred while the Defendant’s vehicle was seeking to enter a parking lot in an apartment complex; ② the Defendant’s vehicle was approaching the center line of the road in an apartment complex and attempted to enter an apartment parking lot at an rapid speed at the rapid speed; ③ The location where the instant accident occurred is a parking lot entrance in an apartment complex where the entry of the vehicle is frequent; and ③ the vehicle is a road at the entrance of the parking lot in an apartment complex where the entry of the vehicle is frequent; and the vehicle can check the situation of the vehicle entering the parking lot and driving vehicles at the entrance of the parking lot.

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