(영문) 서울중앙지방법원 2018.03.29 2017나85490

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(영문) 서울중앙지방법원 2018.03.29 2017나85490

구상금

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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. Facts of recognition;

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

B. On October 7, 2016, at around 20:00, the Plaintiff’s vehicle: (a) changed the vehicle line from the first lane to the second lane in the middle-gu Incheon, Jung-gu, Incheon along the coast wharf, to the second lane; (b) impacted on the left edge of the Plaintiff’s vehicle C (hereinafter “victim”) driving along the second lane while entering the port; and (c) caused the impact on the part above the left edge of the Defendant’s vehicle, where the damaged vehicle was pushed down by the damaged vehicle and the damaged vehicle was parked along the right side; and (d) caused the impact on the Defendant’s vehicle’s left edge.

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

From October 10, 2016 to April 27, 2017, the Plaintiff paid KRW 1,200,000 in total, and KRW 24,929,00 in the cost of repairing damaged vehicles, as insurance proceeds, in total, KRW 26,129,00 in the cost of repairing damaged vehicles.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1 (including various numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The time of the instant accident was defective at night, and the Defendant’s vehicle was illegally parked in the two-lanes of the two-lanes of the two-lanes, and the two-lanes of the two-lanes of the two-lanes, and the Plaintiff’s vehicle was in contact with the damaged vehicle, and the damage was increased by shocking the Defendant’s vehicle illegally parked in the course of operating the Plaintiff’s vehicle on the right side of the damaged vehicle, the negligence of the damaged vehicle constitutes 50%. 2) The direct cause of the Defendant’s instant accident is the Plaintiff’s vehicle, and the width of the road exceeds nine meters, and even if the Defendant’s vehicle was illegally parked on the road, it cannot be said that there was a gross negligence by the Defendant.

(b) the facts of recognition and each of the above evidence.

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