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(영문) 서울중앙지방법원 2017.07.07 2016나74639
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. The following facts may be found either in dispute between the parties or in the entries and images of Gap evidence Nos. 13, 4, and 1, 4, and 5, with a comprehensive view to the purport of the entire pleadings:

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

B. Around 15:00 on June 2, 2016, the driver of the Plaintiff’s vehicle: (a) moved back to the same side of the instant road at the entrance of the parking lot at the Dongi-dong Residents’ Center, in order to enter the road (hereinafter “instant road”); (b) at the entrance of the Dongi-dong Resident Center, the driver of the Plaintiff’s vehicle moved to the same side of the instant road; and (c) had the Defendant vehicle go toward the direction opposite to the direction of the Plaintiff’s proceeding, and suspended the vehicle on that spot.

However, the Defendant’s vehicle proceeds without reporting the Plaintiff’s vehicle and without stopping it, and received the front part of the Plaintiff’s right ahead part of the Defendant’s vehicle into the left front part of the Defendant’s vehicle.

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

On June 17, 2016, the Plaintiff paid KRW 1,132,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

2. The parties' assertion

A. Although the Plaintiff’s driver suspended the Plaintiff’s vehicle, the Plaintiff’s driver of the Plaintiff’s vehicle was driving the Plaintiff’s vehicle without driving the central line while driving it. As such, the instant accident occurred by total negligence of the Defendant’s driver.

Therefore, the defendant is obligated to pay the plaintiff the amount stated in the purport of the claim.

B. While the Defendant’s alleged vehicle was driving along the road of this case, the Plaintiff’s vehicle was making a big round to enter the road of this case, and it was obstructed the progress of the Defendant’s vehicle by stopping the center line with the aim of leading up to the passage of this case.

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