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(영문) 서울중앙지방법원 2015.12.18 2015나10935
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The plaintiff is an insurer who has concluded each comprehensive automobile insurance contract with respect to the vehicle A (hereinafter the plaintiff vehicle), and the defendant is an insurer who has concluded each automobile insurance contract with respect to the vehicle B (hereinafter the defendant vehicle).

B. On October 18, 2014, around 14:30 on October 14, 2014, the front part of the Plaintiff’s vehicle and the front part of the Defendant’s vehicle, which entered the right side from the parking lot located in the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the Nam-gu, Seoul (hereinafter “the side road of this case”)

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

By October 28, 2014, the Plaintiff paid KRW 1,071,190 in total as insurance money for the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 7, Eul evidence 9 (including branch numbers), Eul evidence 1 to 3, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserts that the accident in this case occurred by the negligence of the driver of the plaintiff's vehicle and the driver of the defendant's vehicle who did not take up by looking at the right and the right and the right and the right and the right and the right and duty of the driver of the defendant's vehicle are 70:30,00,000 won (=1,071,190 won x 0.3,000 won x less than 10 won) out of the insurance money paid by the plaintiff who is the insurer of the plaintiff's vehicle.

B. As to this, the Defendant, as a driver of the Defendant, could not be aware or foreseeable of the entry of the Plaintiff’s side road into the instant side road. The instant accident entered the instant side road from the parking lot within the building to the instant side road, and violated the duty of temporary suspension or the duty of slowly driving.

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