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(영문) 서울중앙지방법원 2019.12.11 2019나40620
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. On January 6, 2019, around 15:30, the Plaintiff’s vehicle was parked in the upper part of the “type of the instant parking lot” (hereinafter “instant parking lot”) located on the part of the instant parking lot located in Yongsan-gu, Yongsan-gu, U.S. (U.S.). On the other hand, the Defendant’s vehicle, which was located in the direction of the access road, was discovered and stopped at the same time below the same parking lot.

However, the Defendant’s vehicle continues to remain intact without stopping, and the part of the back part of the Defendant’s vehicle shocked the back part of the Plaintiff’s vehicle.

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

From March 5, 2019 after the occurrence of the instant accident, the Plaintiff paid 133,550 won to the insured of the Plaintiff’s vehicle after deducting his/her own charges from the repair cost of the Plaintiff’s vehicle caused by the instant accident.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, Gap evidence 6, Eul evidence 1 through 5, the purport of whole pleadings]

2. Determination

A. In full view of the following circumstances revealed in light of the facts acknowledged earlier, it is reasonable to deem that the instant accident occurred due to the total negligence of Defendant vehicle.

(1) Since all vehicles using the instant parking lot are passing through the access road located in the middle without a separate line, a vehicle seeking to leave the instant parking lot should be driven by the vehicle in a manner that is closely examined as to whether there are other vehicles trying to enter or enter the said access road, and safety is ensured.

Plaintiff

Vehicles are the same as in the opposite side while changing the direction while leaving the instant parking lot.

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