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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. On July 4, 2015, around 07:30, the Plaintiff’s driver driven the Plaintiff’s vehicle and driven the Plaintiff’s vehicle at the D Underground Parking Lot located in Kimpo-si, Kimpo-si (hereinafter “instant parking lot”). While driving along a bend road along the right-hand road, there was an accident that conflicts with the Defendant’s vehicle, which was coming underground from the access road to the instant parking lot (hereinafter “instant accident”).
C. On July 17, 2015, with respect to the instant accident, the Plaintiff paid KRW 647,00 as insurance money under the name of the repair cost for the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that the accident of this case occurred from the whole negligence of the defendant who driven the virtual center line, and therefore the defendant is liable to pay the plaintiff the total amount of the insurance money equivalent to the repair cost paid by the plaintiff and the damages for delay.
In regard to this, the defendant asserts that the accident of this case is merely a duty to pay indemnity corresponding to the ratio of responsibility, since the plaintiff's vehicle operated the vehicle in an unreasonable way in violation of the duty to stop on the frontway and the duty to ensure safety and safety, and the negligence of the plaintiff vehicle should be calculated at 30% or 50%.
B. The following circumstances, which are, the point where the instant accident occurred, is installed near the access road to the underground parking lot, and the access road is in the form of a refluence, and the width of the access road is wide.