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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The fact of recognition ① The Plaintiff is an insurer who entered into an automobile insurance contract with D with respect to the Plaintiff’s insured vehicle (hereinafter “Plaintiff’s insured vehicle”). The Defendant is the insurer of the Plaintiff’s insured vehicle (hereinafter “Defendant’s insured vehicle”); ② around 11:50 on June 18, 2017, the Defendant’s insured vehicle operating on the first line at the entrance of the Hanyang-gun, Daejeon-gun, Daejeon-gun, Daejeon, attempted to park in the way behind the Defendant’s insured vehicle; the Plaintiff’s insured vehicle driving at D was proceeding behind the Defendant’s insured vehicle and attempted to drive the Plaintiff’s insured vehicle (hereinafter “instant accident”); and ③ the Plaintiff’s insured vehicle was destroyed due to the instant accident; and the Plaintiff paid KRW 836,00 at the repair cost of the Plaintiff’s insured vehicle on June 28, 2017; or the Plaintiff did not have any dispute between the parties, as a whole, and the purport of the evidence and evidence set forth in subparagraphs 1 through 5 and 5.
2. As to the background leading up to the occurrence of the instant accident, the Plaintiff asserted that, “The Defendant’s insured vehicle is overtaking the Defendant’s insurable vehicle by fulfilling its duty of care, such as taking into account the movement of the Defendant’s insured vehicle that attempted to park and repeating stopping and slowly, and thus, the instant accident was caused by the negligence of the Defendant’s insured vehicle, since the Defendant’s insured vehicle neglected to take care of the Plaintiff’s insured vehicle and neglected to take care of it, and thus, the instant accident was caused by the former negligence of the Defendant’s insured vehicle.” As to the repair cost of the Plaintiff’s insured vehicle, the Defendant sought a reimbursement of KRW 836,000, which was paid at the cost of the repair of the Plaintiff’s insured vehicle, and the Defendant claimed that “The Defendant, who was the Defendant’s insured vehicle, was parked normally behind the Defendant’s insured vehicle in excess of the center line, was trying to overtake the Defendant’s insured vehicle more than
l.p. g., p.