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(영문) 서울중앙지방법원 2015.08.13 2014나51519
구상금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On January 20, 2014, at around 23:55, C, while driving the Plaintiff’s vehicle and driving the passage on the underground parking lot of the Oragdong-dong Yagdong-dong apartment complex, discovered an empty parking space on the left-hand side of the moving direction, and parked at 90 degrees back from the stop, following the Plaintiff’s vehicle following the stop, and the Plaintiff’s vehicle stopped as above, and there was an accident of collision between the front left-hand side of the Plaintiff’s vehicle and the front left-hand side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On February 17, 2014, the Plaintiff paid KRW 297,000 for the repair cost of the Plaintiff’s vehicle as insurance money for the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 3, or the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the instant accident was caused by the negligence that the Defendant’s vehicle in the front of the Plaintiff’s vehicle entering the parking lot, which was parked normally, was due to the negligence on the right side of the Plaintiff’s vehicle for overtaking the Plaintiff’s vehicle by violating the duty of safe driving and the duty of safe driving. However, the Defendant asserted that the instant accident was caused by the negligence that the Defendant’s driver, while the Defendant’s vehicle in the front of the vehicle in the front of the vehicle in the front of the vehicle in the front of the vehicle in the front of the parking lot, was in the front of the vehicle in the front of the vehicle in the front of the vehicle in the front of the vehicle in the front of the vehicle in the front of the vehicle in the front of the

(b) judgment;

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