구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. "Order of the court of first instance" in paragraph (1) of the same Article.
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to Crain Vehicles (hereinafter “Plaintiff”), and the Defendant is as follows:
At the time of the occurrence of the accident described in the port, DG vehicles (hereinafter referred to as "Defendant vehicles") were driven.
B. On October 3, 2018, around 13:10 on a slope with the center line of an underground parking lot, the Plaintiff’s vehicle, which was listed above the ground from the underground along the median line’s right slope, was found and stopped as it is, and the Defendant’s vehicle, which was laid below the ground, fells into the left side of the Plaintiff’s vehicle and passed by the accident.
(hereinafter “instant accident”). C.
On November 5, 2018, the Plaintiff paid KRW 250,000 as insurance money for the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 12 and the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts and the evidence mentioned above, the width of the lane is wide and central line is marked to the degree that the instant accident occurred as a slope of an underground parking lot where the traffic is possible, the Plaintiff’s vehicle discovered the Defendant’s vehicle entering the underground parking lot and stop on the right side of the central line. The Defendant was in a position to verify the Plaintiff’s vehicle in the front line, and the Defendant proceeded without examining the distance with the Plaintiff’s vehicle, and eventually, it is recognized that the instant accident was caused by the Defendant’s unilateral negligence in full view of these facts.
B. The Defendant asserted that there was only contact with the vehicle part, and that the back part of the Plaintiff’s vehicle was not damaged due to the instant accident.
However, we can find out by the above evidence.