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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. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).
B. On January 15, 2018, at around 13:15, the Plaintiff’s vehicle was making a parking and stopping across the crosswalks located near the corner of a three-distance crossing in order to load goods in front of the F Burial in the Bupyeong-gu Incheon Bupyeong-gu E market. The Plaintiff’s vehicle was behind the Defendant’s vehicle, and there was an accident (hereinafter “instant accident”).
C. On February 23, 2018, the Plaintiff paid KRW 680,000 for the repair cost of the Plaintiff’s vehicle, except for KRW 200,000,000 as the insurance money according to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 2 and 3 (including each number in case of additional evidence) and the purport of the whole pleadings
2. Determination
A. According to the fact of determination of the negligence ratio, the accident in this case occurred due to the negligence of the driver of the defendant's vehicle, by neglecting his duty of care to prevent the collision with other vehicles, while moving back by the driver of the defendant's vehicle. Thus, it is reasonable to view that the accident in this case is due to the main negligence of the driver of the defendant's vehicle.
However, according to Article 32 of the Road Traffic Act, the driver of the Plaintiff’s vehicle stops the Plaintiff’s vehicle over the crosswalks in the vicinity of the intersection, which is located within 5 meters from the edge of the intersection, the crosswalks, the intersections, or the corners of the road, as seen earlier, while the driver of the Plaintiff’s vehicle stops the Plaintiff’s vehicle on the crosswalks in the vicinity of the intersections. In light of the circumstances of the instant accident, the illegal parking and stopping of the Plaintiff’s vehicle also caused the occurrence of the accident and the expansion of
Plaintiff (Plaintiff) in light of all the circumstances, such as the circumstances and circumstances at the time of the accident.