구상금
1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount ordered below.
1. The circumstances leading to the instant accident are as follows.
The Plaintiff is an insurer who has entered into an automobile insurance contract with C (hereinafter referred to as “Plaintiff”) and the Defendant is the driver of D Vehicle (hereinafter referred to as “Defendant Vehicle”).
B. Around 02:50 on March 15, 2018, the Plaintiff’s vehicle was parked in two lanes from the two lanes in the Gwanak-gu Seoul Special Metropolitan City E-do. However, while under the influence of alcohol higher than 01.1%, the Defendant driven the Defendant’s vehicle in the direction of blurging in the direction of the Gwanak-gu Seoul Special Metropolitan City, and caused an accident to see the left side of the Plaintiff’s vehicle as the front part of the Defendant’s vehicle.
C. On April 13, 2018, the Plaintiff paid insurance proceeds of KRW 8,880,000 (except for one’s own shares of KRW 300,000) at the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence of 1 to 8 (including paper numbers), Eul evidence of 1 to 6, or the purport of the whole pleadings
2. Determination
A. According to the facts acknowledged prior to the negligence ratio of the Plaintiff and the Defendant’s driver, it is reasonable to deem that the instant accident occurred due to the negligence of the Defendant, since the Defendant discovered the Plaintiff’s vehicle parked while driving the vehicle under the influence of alcohol due to neglecting the duty of the front-time driver, and caused the instant accident due to the negligence that could not be avoided.
However, there is no dispute over the fact that the parking place of the Plaintiff’s vehicle was parked in the zone where parking was prohibited, and the accident occurred at night at the time of the accident, and it was difficult for the Plaintiff’s driver to have a street, etc. at the accident site. Therefore, if the Plaintiff’s vehicle did not turn on emergency, the other vehicle’s driver could not easily know the parking fact. Thus, the driver’s negligence of the driver who parked the Plaintiff’s vehicle in the zone where parking is prohibited was also the cause
I would like to say.
In light of the circumstances, etc. of the instant accident, the negligence of the Plaintiff’s vehicle in the instant accident.