구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The circumstances leading up to the instant accident are as follows.
At the time of the accident, on March 31, 2019, the insured vehicle CD of the insured vehicle of the Plaintiff insured vehicle at the time of the accident, and around 11:59 on March 31, 2019, the insured vehicle of the Seoul Special Metropolitan City Gwanak-gu (hereinafter “Plaintiff vehicle”) was parked in the left-hand parking zone of the Plaintiff vehicle in the presence of the Defendant insured vehicle (hereinafter “Defendant vehicle”) in the presence of the vehicle, and the payment of the insurance money for the collision (hereinafter “the instant accident”) was made on July 1, 2019. The Plaintiff did not dispute the payment of medical expenses of KRW 70,080 to the Plaintiff vehicle’s insured worker [based on recognition], Gap evidence 1 through 3, Eul evidence 1 through 3, and the purport of the entire pleadings, images, and the purport of the
2. Determination
A. In full view of the following circumstances revealed by the evidence and the purport of the entire pleadings as seen earlier, it is reasonable to deem the instant accident to be concurrent with the negligence of the Plaintiff’s vehicle and the Defendant’s vehicle. ① The instant accident is the principal fault on the Defendant’s vehicle, which occurred due to an accident attributable to the Plaintiff’s vehicle in the parking lot and the Defendant’s vehicle going behind in the parking area. ② However, due to the characteristics of the parking lot, the Plaintiff’s vehicle was driven at a rapid speed in the parking lot, while the Defendant’s vehicle was under the duty of care to safely check and drive the vehicle like the Defendant’s vehicle, while the instant accident occurred while the Defendant’s vehicle was moving back at a rapid speed in the parking lot. ③ In light of the CCTV image (Evidence No. 3, No. 1, No. 1, a total of seven parking spaces was installed in the left-hand parking area in which the Plaintiff’s vehicle was located, and it was parked only in the 2, 4th, and 7th, the last parking vehicle was parked.
In addition to the fact that the accident occurred at the time of the accident, the driver of the plaintiff vehicle at the time of the accident.