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(영문) 서울중앙지방법원 2018.08.22 2018나14938
구상금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

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

B. On January 6, 2016, around 17:40, the accident occurred between the front part of the plaintiff's vehicle and the defendant's vehicle of the defendant's driver's vehicle in the 106-dong parking lot of Busan Shipping Daegu D apartment 106.

C. On May 23, 2016, the Plaintiff: (a) was pregnant 28 weeks at the time of the instant accident; (b) from January 7, 2016, the Plaintiff was pregnant 28 weeks; and (c) from January 7, 2016 after the said accident, the Plaintiff was pregnant 13,676,110 won for the above E medical expenses.

2. Until December 12, 200, he/she received medical treatment at the Marine Transport Bag Hospital at the Incheon National University;

() On May 25, 2016, F paid KRW 5,000 at the cost, and KRW 15,181,110,00,00 in total, with the agreed deposit, to the above E on October 28, 2016. On May 24, 2016, the insurer that entered into an automobile insurance contract with respect to the Defendant’s vehicle received KRW 800,000 as the indemnity amount from the malicious damage insurance company that entered into the automobile insurance contract with respect to the Defendant’s vehicle. 【The fact that there is no ground for recognition, Party A’s 1 through 4,6,7 evidence, and the purport of the entire pleadings.

2. Summary of the parties' arguments

A. The Plaintiff’s accident is an accident caused exclusively by the negligence of the Defendant’s vehicle, which occurred due to the occurrence of the front part of the Plaintiff’s vehicle, which was parked in the rear part while the Defendant was moving back. Therefore, the Defendant shall pay the Plaintiff the indemnity amounting to KRW 14,381,110 (=15,181,110 - 80,000) and the delay damages pursuant to the insurer’s subrogation doctrine.

B. The defendant's accident is an accident that occurred entirely by the negligence of the plaintiff's vehicle due to the accident that occurred in the back part of the defendant's vehicle which was parked in front while driving the plaintiff's vehicle. Thus, the defendant does not bear the liability of compensation against the above E, and therefore does not bear the obligation of compensation against the plaintiff.

3. Evidence No. 3 as evidence on the origin of the above accident.

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