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(영문) 서울중앙지방법원 2018.03.14 2017나90317
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings at each film of Gap evidence Nos. 1, 3, and 4, Gap evidence Nos. 2, and Eul evidence Nos. 2 and 3:

The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to AenzB200 Vehicles (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to BNS Vehicles (hereinafter “Defendant Vehicles”).

B. On November 20, 2016, around 11:25, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle, driving the Plaintiff’s vehicle on a two-lane way in the front and rear Seo-gu Incheon Metropolitan City C, and there was a vehicle parked on both sides of the road at the time.

The driver of the Plaintiff’s vehicle discovered the Defendant’s Madon vehicle, and stopped the Plaintiff’s vehicle on the right side of the road in the direction of proceeding. While the Defendant’s vehicle proceeds as it is, the part of the Defendant’s seat on the part of the driver’s seat of the Plaintiff’s vehicle,

(hereinafter referred to as “instant accident”). C.

On October 27, 2017, the Plaintiff paid KRW 1,162,000 insurance proceeds with the repair cost and the cost of parts of the Plaintiff’s vehicle due to the instant accident.

2. The parties' assertion and judgment

A. The main point of the party's assertion (i) the vehicle parked on both sides of the road at the time of the accident in this case, and the driver of the plaintiff's vehicle stops after attaching the plaintiff's vehicle to the right side of the road in order to drive the vehicle, but the defendant vehicle stops on the right side of the road in order to drive the vehicle, the part of the vehicle's seat while the defendant vehicle stops on the water and in an unreasonable manner. The accident in this case occurred by the whole negligence of the driver of the defendant vehicle.

The driver of the Defendant Vehicle is responsible for compensating the insured of the Plaintiff for damages caused by the instant accident, and the Plaintiff is responsible for compensating for 1,162,000 won due to the repair cost of the Plaintiff Vehicle caused by the instant accident.

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