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(영문) 서울남부지방법원 2020.05.14 2019나58139
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 concluded an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), with respect to the automobile D (hereinafter “Defendant vehicle”).

B. On November 8, 2018, around 18:20, around F.M., located in Busan Shipping Daegu E, there was an accident that led to the collision between the Plaintiff’s vehicle driving the first lane of the two-lane road and the Defendant’s vehicle driving in the parking lot located on the opposite lane, such as the detailed map at the scene of the accident.

(hereinafter “instant accident”). C.

On November 29, 2018, the Plaintiff paid KRW 8,525,00 (excluding self-paid KRW 500,000) at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, entry and video of Gap evidence Nos. 1 through 8 and 12, and purport of the whole pleadings

2. According to the above facts and the evidence revealed above, the driver of the vehicle who intends to turn to the second line of the parking lot abutting on the second line road is obliged to move to the second line of the parking lot, as well as to move of the vehicle driving along the parking lot, and to walk to the road in a safe way after the passage of all the vehicles driving along the road. However, the driver of the defendant vehicle neglected such duty of care and attempted to turn to the left to the left without stop immediately after the opening of the parking lot. In full view of the circumstance of the accident in this case, the type of the accident in question, the location of the original vehicle in question at the time of the accident, and the shock level of each vehicle, etc., it is determined that the accident in this case occurred due to the negligence of the defendant vehicle that occurred to the vehicle driving the vehicle in this case and the vehicle driving the vehicle in this case.

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