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(영문) 서울중앙지방법원 2018.04.27 2017나47573
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. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who entered into an automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. Around 8:29 on October 16, 2016, the driver of the Defendant vehicle in the occurrence of a traffic accident: (a) the driver of the Defendant vehicle opened the rear door to the right side of the Defendant vehicle for internal arrangement at the edge of the instant road; (b) opened the rear door to the right side of the Defendant vehicle for the internal arrangement of the vehicle; and (c) shocked the rear side of the Plaintiff vehicle while parked in the parking by putting the rear door to the right side of the Defendant vehicle, without keeping a sufficient safety distance from the parked vehicle in front of the Sejong-dong Office of the Sejong-dong Office in Suwon-si (hereinafter “instant road”).

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

The Plaintiff paid totaling KRW 527,340,00,000, including the cost of repairing the Plaintiff’s vehicle, by October 28, 2016, with the insurance proceeds from the instant accident.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 3 (including all of the serial numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The main point of the Defendant’s assertion is that the instant accident occurred by not examining the movement of the Plaintiff’s vehicle that the driver of the Plaintiff’s vehicle passes, but opening the rear door of the Plaintiff’s vehicle in an urgent manner. Therefore, it is unreasonable to impose the Defendant’s responsibility for the instant accident on the Defendant’s driver.

B. In full view of the aforementioned evidence, the instant accident is a negligence that caused the body of the Plaintiff’s driver without examining the rear door from the vehicle parked at the edge of the instant road and after internal arrangement of the vehicle, and the Defendant’s driver is proceeding with the instant road, which is a narrow alleyway where the vehicle is parked on the right side of the road.

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