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(영문) 서울중앙지방법원 2019.04.12 2018나60092
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 insurance contract with respect to C Passenger Vehicles (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with respect to Dsi (hereinafter “Defendant”).

B. Around 08:30 on June 19, 2017, the Defendant’s vehicle, at a lending parking lot located in Osan-si E, the Plaintiff’s vehicle left behind and stopped, and it conflicts with the Plaintiff’s vehicle, even though it stopped.

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

On January 4, 2018, the Plaintiff paid insurance proceeds of KRW 996,180 in total at the repair cost of the Plaintiff’s vehicle.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including paper numbers), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff’s vehicle driver discovered and stopped the Defendant’s vehicle at the parking lot, the instant accident occurred as the wind that the Defendant’s driver might continue without looking at the rear. Since the instant accident occurred entirely by the negligence of the Defendant’s driver, the Defendant should pay to the Plaintiff the sum of KRW 96,180,00, including the cost of exchange repair, such as fish and fish dams and the lower-class driver.

B. The Defendant’s assertion that the instant accident occurred is a narrow house, and the Plaintiff’s driver of the instant vehicle ought to take safety measures while driving the Defendant’s vehicle, but the instant accident occurred, so the driver’s negligence is more than 50%.

In addition, in the instant accident, the Plaintiff’s vehicle did not suffer damage to the right flicker, which caused damage to the flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s fl

3. Determination

A. The above facts acknowledged and the evidence mentioned above are based on the above facts.

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