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(영문) 서울남부지방법원 2016.08.18 2016나54730
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

The first instance court.

Reasons

1. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A car (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into a comprehensive automobile insurance contract with respect to B car (hereinafter “Defendant”). There is no dispute between the parties.

2. The parties' assertion

A. The Plaintiff’s assertion was behind the Plaintiff’s moving-in and temporarily stopped the Defendant’s vehicle that was going behind, but the Defendant’s driver was only the Defendant’s vehicle. Even if the Defendant’s vehicle was at the time of a domestic accident, it was erroneous for the Defendant’s driver to stop the vehicle too close to the Plaintiff’s vehicle.

On September 18, 2015, the Plaintiff paid KRW 265,000 as insurance money for the repair cost of Plaintiff’s vehicle.

Therefore, the defendant is obligated to repay the amount equivalent to the above repair cost to the plaintiff 265,00 won.

B. The Defendant’s assertion that the instant accident occurred due to the mistake of the Plaintiff’s vehicle, which failed to verify the rear side while driving the vehicle, leading to the collision of the Defendant’s vehicle that was waiting behind. Therefore, the instant accident occurred due to the previous fault of the Plaintiff’s driver.

3. The judgment of the Plaintiff’s driver, on August 3, 2015, entered the roads adjacent to the shuttle bus stops located in the Cheongdo-dong, Cheongdo-dong, Cheongdo-dong, Gyeonggi-do-si, into the Cheongdo-gu bus stops in the direction of Cheongdo-dong, and the front section of the Defendant’s vehicle which was stopped on the left side of the Plaintiff’s vehicle after the front section of the road due to the front section of the road, may be recognized by comprehensively taking into account the following points: (a) there is no dispute between the parties, or the front section of the Defendant’s vehicle, which was stopped on the left side of the Plaintiff’s vehicle; and (b) there is no dispute between the parties, or the entire purport of the pleadings in the entries or videos in

On the other hand, at the time of the accident, the driver was under suspension.

It is recognized that the Defendant’s vehicle was too close to the Plaintiff’s vehicle.

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