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. Facts of recognition;
A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. Around 10:28 on June 12, 2017, the Plaintiff’s vehicle was in progress inside the Yeonsu-gu Incheon Metropolitan City Styman apartment parking lot, Yeonsu-gu, Incheon. However, the Defendant’s vehicle attempted to make a parking lot from the outside of the said parking lot to the point of the Plaintiff’s vehicle, and the front part of the Plaintiff’s vehicle was shocked by the front front part of the Defendant’s vehicle.
(hereinafter referred to as “instant accident”). C.
On July 10, 2017, the Plaintiff paid KRW 10,500,000 for the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of Recognition] Facts without dispute, Gap evidence 1, 3's statements, Gap evidence 2, 5, 6's evidence, Eul evidence 1, 2-1 through 5's evidence, the purport of the whole pleadings
2. The assertion and judgment
A. At the time of the Plaintiff’s assertion, the driver of the Plaintiff’s vehicle at the time of the instant accident: (a) reported that the Defendant’s vehicle entered the parking lot; (b) but, the Defendant’s driver continued to detect the Plaintiff’s vehicle,
Therefore, the instant accident occurred due to the total negligence of the driver of the Defendant vehicle.
B. Although the Defendant’s alleged vehicle driver has been negligent in neglecting his/her duty of care, even though he/she has a duty to observe the virtual median line on the road in the parking lot and to anticipate the vehicle entering the parking lot, the instant accident occurred by the negligence of the Plaintiff’s driver and the Defendant’s driver’s negligence.
C. We examine the following circumstances, i.e., the point at which the instant accident occurred, which is the entrance of the underground parking lot, is outside the parking lot.