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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. Basic facts
A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. At around 16:10 on November 13, 2015, the Defendant’s vehicle turned down the three-lanes of the front side of the Defendant’s vehicle in front of the 1563-lane road, the C-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing at the right side of the Defendant’s vehicle, and then cut down down on the back-Wing-Wing-Wing-Wing-Wing-Wing-Wing at the right side of the Defendant’s vehicle, and the lower part of the back part of the Plaintiff’s vehicle, which was parked on the right side of the road, was shocked into the front part of the Plaintiff’s vehicle.
(hereinafter referred to as “instant accident”). C.
The Plaintiff paid KRW 14,532,000 in total to February 1, 2016 at the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 3 through 5, and 7 (including branch numbers) and the purport of the whole pleadings
2. Determination
A. The gist of the parties’ assertion asserts that the accident of this case occurred due to the gross negligence of Defendant vehicle, which was sbroomed in the course of continuous driving, on the broom.
On the other hand, the defendant asserts that the negligence of the plaintiff vehicle who illegally parked on the motorway without taking any safety measure on the broom has contributed to a substantial portion of the occurrence of the accident in this case.
B. In full view of the aforementioned facts and the purport of the entire arguments, the following circumstances, namely, ① the Plaintiff’s vehicle occupies emergency lights on the side side of the road for the repair of soundproof walls at the time, and was in stop.