구상금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with the Plaintiff for the Plaintiff’s AWz car (hereinafter “Plaintiff’s vehicle”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with the Defendant’s vehicle B (hereinafter “Defendant’s vehicle”).
B. The Plaintiff’s vehicle was driving at a lower speed of the parking lot in Gangnam-gu Seoul Gangnam-gu Seoul Metropolitan Complex, but the Defendant’s vehicle parked on the right parking line, starting from which the Defendant’s vehicle parked on the right parking line, and there was an accident that shocks the front part of the Plaintiff’s vehicle into the front part of the left part of the Defendant’s vehicle (hereinafter “instant accident”).
C. On December 27, 2016, the Plaintiff paid a total of KRW 13,98,000 as the repair cost for Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 and the purport of the whole pleadings
2. The assertion and judgment
A. The Defendant’s vehicle seeking to start a parking line on the parking line in the Plaintiff’s apartment parking lot, which was parked, was negligent in checking whether there was a vehicle on the front side and the left side, and neglecting the duty of care to start.
In addition, in light of the distance of the Plaintiff’s vehicle and the Defendant’s vehicle at the time, the Plaintiff’s vehicle was parked in the vehicle.
Even if it was impossible to prevent the accident of this case.
As such, the instant accident occurred by the Defendant’s unilateral negligence, the Defendant is obliged to pay the Plaintiff the indemnity amount of KRW 13,998,000 and damages for delay.
B. Examining the background leading up to the occurrence of the instant accident, the shock level of the Plaintiff’s and the Defendant’s vehicle, etc. revealed in the facts of recognition as seen earlier, the instant accident is deemed to have been caused by the principal negligence of the Defendant’s vehicle, which was driven without discovering the Plaintiff’s vehicle in progress on the left-hand side, by failing to properly look at the vehicle from the parking line while departing from the parking line.