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(영문) 서울중앙지방법원 2017.11.10 2017나59279
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. Basic facts

A. The Plaintiff is an insurer that entered into an automobile comprehensive insurance contract with respect to C vehicles owned by it (hereinafter “Plaintiff vehicles”).

B. On October 14, 2015, around 14, 2015, B placed the Plaintiff’s vehicle in double parking along the parking zone line in the front line of the outdoor parking lot of Chuncheon 3,000-ro, Gangwon-do, and if the vehicle parked in the parking zone line, B laid off the brake of the vehicle so that the Plaintiff vehicle can be pushed down.

C. On October 14, 2015, at around 10:45, the Defendant: (a) sealed the Plaintiff’s vehicle in front in order to operate the Plaintiff’s vehicle parked in the front parking zone line of the Plaintiff’s vehicle; (b) the Plaintiff’s vehicle was pushed down in the front line of the front line of the D vehicle parked in the front line of the front line (hereinafter “victim”).

(hereinafter “instant accident”). D.

On December 3, 2015, the Plaintiff paid KRW 313,000 at the repair cost of the damaged vehicle and KRW 702,00 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, B was negligent in double parking of the Plaintiff’s vehicle in a place other than the parking zone line in the parking lot (the Plaintiff’s assertion that the said parking lot is a place where double parking is allowed, but there is no evidence to acknowledge it.

(2) The defendant is negligent in not pushing the plaintiff's vehicle in the safe distance and direction while moving the plaintiff's vehicle in double parking, and the accident in this case occurred concurrently with the defendant's above negligence. Thus, the defendant is liable for damages caused by the accident in this case as joint tortfeasor B and the defendant as joint tortfeasor. 2) The joint tortfeasor is not liable for non-joint and several liability in relation to the creditor, but is also the joint tortfeasor.

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