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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into an insurance contract with A and B (hereinafter referred to as “Plaintiff”) with respect to a motor vehicle with the insured period from February 6, 2015 to February 6, 2016, the Plaintiff entered into a comprehensive motor vehicle insurance contract with D and E (hereinafter referred to as “Defendant”) by setting the insurance period from September 18, 2014 to September 18, 2015.
나. 이 사건 사고의 발생 1) C은 2015. 9. 7. 11:00경 구미시 F에 있는 G식당 앞길을 원고차량을 운전하여 고려병원 쪽에서 터미널 쪽으로 진행하다가 진행 방향 오른쪽에 주차되어 있던 H 스포티지 승용차의 왼쪽 뒷부분을 충격한 후 당시 터미널 쪽에서 고려병원 쪽으로 진행하던 I 운전의 J 오토바이의 왼쪽 부분을 충격하였다. 이에 위 오토바이는 오른쪽으로 튕겨나가면서 길가에 주차되어 있던 피고차량을 충격하였다(이하 ‘이 사건 사고’라고 한다
2) The accident in the instant case occurred at the end of 18 weeks from the 18th century, i.e., the body at the bottom of the large-scale in which treatment is required, closed, and the body at the end of the slot. (2) C was measured by 0.192% of the blood alcohol concentration immediately after the instant accident.
3) At the time of the instant accident, the instant accident was one-lane road in the densely-populated area, where vehicles were parked on both sides of the road at the time of the instant accident. (c) The Plaintiff, as the insurer of the Plaintiff, paid 169,886,440 won in total of the insurance proceeds arising from the instant accident to December 13, 2017. [Grounds for recognition] The Plaintiff, as the insurer of the Plaintiff, paid 169,886,440 won in total. The Plaintiff did not dispute [Grounds for Recognition], Gap’s evidence 1 through 6, Eul’s evidence 1, and 2 (each number is included), and the purport of the entire pleadings.
2. Determination on the cause of the claim
A. At the time of the Plaintiff’s assertion, the Defendant’s vehicle was illegal parking, and if so, the Defendant’s vehicle was illegal parking.