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(영문) 서울중앙지방법원 2019.06.14 2018나61385
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

1..

Reasons

1. Basic facts

A. With respect to the Plaintiff’s C Vehicle (hereinafter “Plaintiff’s Vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to D Vehicle (hereinafter “Defendant’s Vehicle”).

B. On April 10, 2018, around 7:55, the Plaintiff’s vehicle turned straight along the first lane among the second lanes in the center line in the center of the Sejong Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, and the second lane was changed to the second lane, the Plaintiff’s vehicle driver, who was parked on the second lane of the said road, opened a door of the driver’s seat and opened a collision between the Defendant’s vehicle’s driver’s seat even with the Plaintiff’s seat.

Therefore, the plaintiff's assertion that the driver's seat of the defendant's vehicle was opened and the collision occurred due to the fact that the driver's seat of the defendant's vehicle was invaded by the one-lane; hereinafter "the accident in this case").

On April 16, 2018, the Plaintiff paid KRW 956,400 insurance money at the cost of repairing the Plaintiff’s vehicle.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, 3, 5, 6, Eul's 1 or 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion (i.e., the Defendant’s driver, who was parked on the two-lanes of the two-lanes, opened a door of the Defendant’s driver’s seat and caused the instant accident without checking the progress of the vehicle. This is due to the previous negligence of the Defendant’s driver.

Therefore, the defendant, who is the insurer of the defendant vehicle, is obligated to pay 956,400 won, which is the full amount of the insurance money paid by the plaintiff with the indemnity, and damages for delay.

B. The accident of this case is that the driver of the vehicle of this case moves close to the right side of the road and stops, and the driver of the vehicle of this case is changing the vehicle of this case into the two-lane.

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