Text
1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.
2. The costs of appeal are assessed against the Defendant and the incidental costs of appeal.
Reasons
1. Facts of recognition;
A. With respect to A vehicle (hereinafter “Plaintiff”), the Defendant is an insurer who has concluded each comprehensive automobile insurance contract with respect to B Oral Ba (hereinafter “Defendant Oral Ba”).
B. On October 11, 2016, when the Plaintiff’s vehicle is slowly running along the passage of the 13 complex apartment parking lot, 13 complex apartment parking lot located in the Dong-dong, Dong-dong in Yangju-si, there was a traffic accident where the Plaintiff’s vehicle proceeds from the right side of the Plaintiff’s vehicle at a very rapid speed, and the Plaintiff’s vehicle faces shocking the right side of the Plaintiff’s vehicle (hereinafter “instant accident”).
C. On December 1, 2016, the Plaintiff paid insurance proceeds of KRW 4,968,000 in total as the repair cost and parts of the Plaintiff’s vehicle.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1 and 2, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion 1) The plaintiff conflict with the aspect of the plaintiff's vehicle that entered the intersection at a rapid speed without properly examining the evis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-on, and the accident in this case occurred due to the evis-vis-vis-vis-vis-vis-on negligence. 2) The defendant asserts that the accident in this case occurred due to the evis-vis-vis-on-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-vis-on-vis-vis-vis-vis-vis-vis-vis-on-vis-vis-vis-vis-on-vis-vis-vis-vis-vis-vis-vis-on-vis-vis-on-vis-on-vis-on-vis-vis-on-vis-on-vis-vis-on-
B. According to the above fact of recognition, the instant accident is proceeding at the intersection in the parking lot.