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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The decision of the court of first instance is delivered with paragraph (1).
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with a limited liability company C (hereinafter “C”) and D 1 ton truck (hereinafter “Plaintiff’s vehicle”) under a special agreement with a limited liability company C (hereinafter “C”) to allow anyone aged 26 years or older to drive the Plaintiff’s vehicle.
B. The Defendant is an insurer who entered into an automobile comprehensive insurance contract with E and F low-priced automobiles (hereinafter “Defendant vehicles”) as the insured.
C. Around 08:40 on September 1, 2017, employees of C left the vehicle at the right edge of two-lanes, when driving the Plaintiff vehicle in order to implement the work of restoring the G line, and stopping the vehicle at the right edge of the Seoul High School near the access road to the Henju-gun, North Korea.
E changed the two lanes to overtake the truck in front of the front, while driving the above one lane of the above road by driving the Defendant vehicle at the private distance from the Changnam Elementary School, and driving it with the private distance from the front school of the front school, and the part remaining behind the left side of the Plaintiff vehicle which is scheduled to work was shocked on the front of the Defendant vehicle.
(hereinafter “instant accident”). E.
On October 20, 2017, the Plaintiff paid KRW 309,764 of the Plaintiff’s automobile repair cost due to the instant accident to C as insurance proceeds.
【Ground for recognition】 The fact that there has been no dispute, Gap's 5, 6, 10 evidence, Eul's 1, 2, and 4 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings and arguments
2. The parties' assertion
A. Since the Plaintiff paid KRW 309,764 of the insurance money to C by the instant accident that occurred due to the unilateral negligence of Plaintiff E, the Defendant is obligated to pay the Plaintiff the above KRW 309,764 with the amount of indemnity and the damages for delay.
B. The Plaintiff’s vehicle was negligent in stopping in a zone where parking and stopping is prohibited, in violation of Article 32 of the Road Traffic Act, and the instant accident occurred by the Plaintiff’s driver’s negligence at 30%.