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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. At around 16:55 on June 12, 2019, E driven a F vehicle (hereinafter “Plaintiff”) and entered the road in front of the G Apartment-dong, Busan (hereinafter “Defendant vehicle”) before the right-hand route, as shown in the attached Form “accident Limit”, while the vehicle stops on the line to the right-hand side of the mastheading bank (hereinafter “Defendant vehicle”, and the driver seems to have stopped and was a stop and delivery of the Defendant vehicle), resulting in a traffic accident leading to a traffic accident leading to the J crossinging the road at the left-hand side of the Defendant vehicle, and the J died during treatment.
B. After that, the Plaintiff, the insurer of the Plaintiff’s vehicle, paid KRW 351,815,110 in total to the bereaved family members of the J by August 7, 2019.
C. The defendant is the insurer of the defendant vehicle.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 and 2, and the purport of whole pleadings
2. The plaintiff's request is stamped
A. The Plaintiff’s assertion that the instant accident occurred between the Plaintiff’s negligence and the Defendant’s negligence obstructing the Plaintiff’s normal driving and the view of the Plaintiff’s vehicle due to illegal parking. Since it is reasonable to view that the negligence of the Defendant’s vehicle exceeds 20%, the Defendant is obliged to pay the Plaintiff KRW 70,363,020, equivalent to 20% of the damages paid by the J’s bereaved family members, as well as damages for delay.
B. In the above facts, the following facts are acknowledged in the process of the instant accident and based on each of the above evidence. In other words, the apartment complex in which the instant accident occurred is an apartment building with a parking lot and a road allowing vehicular traffic on the ground, and the location where the instant accident occurred does not seem to be an area subject to prohibition of parking and stopping, and the Plaintiff’s vehicle entered the instant apartment before its right-hand, and found J in the situation where the right-hand side of the Defendant’s vehicle was not entirely known, and the Plaintiff’s vehicle shocks J.