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(영문) 서울중앙지방법원 2020.11.18 2020나31219
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff equivalent to the amount ordered under paragraph (2) shall be revoked.

2...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. On February 23, 2019, at around 10:49 on February 23, 2019, the Plaintiff’s vehicle driven the back part of the Defendant’s vehicle, which was driven back to a rear distance in the parking zone, while driving ahead of the F frequency street parking lot in Gangnam-si E.

(hereinafter “instant accident”). C.

By May 20, 2019, the Plaintiff paid KRW 3,715,890 in total as insurance money to the drivers and passengers of the Plaintiff’s vehicle, who suffered injuries due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 13, Eul evidence 1 to 6 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. The following circumstances revealed by the evidence revealed earlier, namely, ① the place where the instant accident occurred, was a passage in the parking lot, and the Defendant’s vehicle did not consider the progress of the Plaintiff vehicle in the course of entering the said passage beyond the parking zone line due to the rear edge of the instant accident; ② the Defendant’s vehicle at the time of the instant accident did not appear in the direction of the Plaintiff vehicle due to the vehicle parked on the left side; and the Plaintiff’s vehicle could have been aware that the vehicle was in the situation where the Defendant’s vehicle was moving back to the front side of the Defendant vehicle; ③ the speed of the vehicle moving back to the rear edge of the Defendant vehicle was relatively relatively rapid; ③ the Defendant’s vehicle was entering the said passage by step in the course of entering the said passage.

(4) The passage in which the instant accident occurred is a passage in the parking lot for the vehicle parked, such as a passage in the parking lot, is anticipated to some extent, and others.

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