beta
Text
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded each comprehensive automobile insurance contract with respect to the A vehicle (hereinafter “Plaintiff”) and B (hereinafter “Defendant vehicle”).
B. The Defendant’s vehicle was parked on the back-road side of the instant vehicle, while the Plaintiff’s vehicle was parked on October 3, 2016, around 19:00, and around October 3, 2016, there was an accident where the part of the Plaintiff’s vehicle’s driver’s seat was shocked by the back-line of the driver’s seat of the Plaintiff vehicle (hereinafter “instant accident”).
C. On February 8, 2017, the Plaintiff paid the insurance proceeds of KRW 1,251,000 at the repair cost of the Plaintiff’s vehicle.
【Ground of recognition】 Facts without dispute, Gap evidence 1 through 4, and Eul evidence 1 through 3 (including paper numbers), the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that the Defendant’s vehicle was illegally parked at the instant accident location, thereby contributing to the occurrence of the instant accident and the expansion of the damage, and that the Defendant’s driver’s negligence is more than 20%.
On the other hand, the defendant asserts that the accident of this case occurred due to the unilateral negligence of the collision between the defendant who was normally parked in the permission of parking and stopping due to the driver's failure to perform his duty of safety care while driving the plaintiff's vehicle.
B. (1) According to the Road Traffic Act, the driver of any motor vehicle shall not cross the road by driving the motor vehicle or horse in a case where it is likely to impede the normal traffic of pedestrians, other motor vehicles and horses (Article 18(1)), drive the motor vehicle or horse to stop or park the motor vehicle at a place within five meters from the edge of the intersection or the corner of the road (Article 32). When the driver stops or parks the motor vehicle on the road due to breakdown or inevitable reasons (Article 32 from sunset to sunrise).