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(영문) 서울중앙지방법원 2018.05.30 2017나91099
구상금
Text

1. The defendant's appeal is dismissed.

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

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 respect to AMW vehicle (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has entered into an automobile insurance contract with respect to B-W vehicle (hereinafter “Defendant vehicle”).

B. On July 18, 2017, at around 08:06, the Defendant’s vehicle stops and stops on the front of the Dongdaemun-gu Seoul Housing, Dongdaemun-gu Seoul Housing, and then shocks the front front of the Defendant’s vehicle and shocks the front side of the Plaintiff’s vehicle that was parked. Accordingly, the front side of the Plaintiff’s vehicle and the front side of the Plaintiff’s vehicle conflict.

C. On August 18, 2017, the Plaintiff paid 14,273,000 won for all the repair costs of the Plaintiff’s vehicle to the Seongdong Water Service Center.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 8, the purport of the whole pleading

2. Summary of the parties' arguments

A. The Plaintiff’s foregoing accident is an accident entirely caused by the negligence of the Defendant’s driver.

B. At the time of the instant accident, the Plaintiff’s vehicle was illegal parking conditions, and the fault ratio of the Plaintiff’s driver in relation to the said accident reaches at least 20%.

3. According to the evidence No. 1 and No. 5, the Plaintiff’s vehicle appears to have been illegally parked in a place with a parking prohibition sign at the time of the accident.

However, even if the Plaintiff’s vehicle was illegal parking conditions.

In light of the following circumstances acknowledged by the overall purport of records and pleadings, the evidence submitted by the Defendant alone cannot be deemed to have caused the above accident due to the illegal parking of the Plaintiff vehicle, and there is no other evidence to acknowledge otherwise, and instead, the Defendant’s driver who did not accurately operate the brake system is entitled to receive reasonable causal relation between the Plaintiff’s fault on the part of the vehicle.

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