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(영문) 서울남부지방법원 2017.10.26 2017나56856
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

1..

Reasons

1. Basic facts

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

B. On April 13, 2016, around 11:34, there was an accident where the front part of the Plaintiff’s vehicle entering the road front of the Incheon Bupyeong-gu Incheon Central Hospital of the Korea Workers’ Compensation & Welfare (hereinafter “instant accident”) and the front part of the Defendant’s vehicle entering the entrance of the funeral hall of the above hospital, which led to a collision (hereinafter “instant accident”).

C. On May 2, 2016, the Plaintiff paid insurance proceeds of KRW 405,00 at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 2 to 5, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred while the Plaintiff’s vehicle stopped at the intersection until the Plaintiff’s driver entered the funeral hall due to the rearness of the Defendant’s vehicle, and the Defendant’s vehicle was driven by the signaler’s reception. This is an accident due to the former negligence of the Defendant’s driver who neglected the duty of safe driving and the duty of front-time watching.

Therefore, the defendant is obligated to pay to the plaintiff 405,00 won for indemnity and damages for delay.

B. In full view of the evidence and the purport of the entire pleadings as seen earlier, the following circumstances, namely, the instant accident site, at the time of the entrance of the hospital funeral hall, was an access to the funeral hall by the Defendant vehicle, which is a large-scale vehicle at the time of the entrance of the hospital funeral hall, in line with the recipient of the employee of the funeral hall, while repeating the progress and progress due to the vehicle parked in the vicinity of the funeral hall, and attempted to enter the funeral hall. In such a case, the Plaintiff vehicle’s driver will not enter the vehicle along the line that the Plaintiff proceeds from the accident.

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