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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. Basic facts
A. The Plaintiff is an insurer who has concluded each comprehensive motor vehicle insurance contract with B (hereinafter referred to as “Defendant”) on the Plaintiff’s vehicle A (hereinafter referred to as “Plaintiff’s vehicle”).
B. At around 13:40 on July 17, 2015, the driver of the Plaintiff’s vehicle, while driving the Plaintiff’s side road near the Dong-gu Seoul Building (hereinafter “instant road”) and entering the instant road from the public parking lot on the left side to the instant road, the front part of the Defendant’s front part of the front part of the Plaintiff’s vehicle, which was left left to the left to proceed in the same direction as the Plaintiff’s vehicle, was shocked into the left part of the front part of the Plaintiff’s vehicle.
(hereinafter referred to as “instant accident”). (c)
On August 26, 2015, the Plaintiff paid KRW 7,420,000 to the owner of the Plaintiff’s vehicle with the repair cost and rent for the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 6, Eul evidence 2 through 4 (including numbers; hereinafter the same shall apply) or images, Gap evidence 2, Eul evidence 1, and the purport of the whole pleadings
2. The assertion and judgment
A. 1) The Plaintiff’s driver of the Plaintiff’s vehicle was proceeding normally the instant road. The instant road is a sideway where commercial buildings are concentrated, and the Plaintiff’s driver of the Plaintiff’s vehicle could not discover the Defendant vehicle in advance. As such, the instant accident is caused by the Plaintiff’s negligence of the Defendant’s driver who entered the instant road without checking safety at the public parking lot. Therefore, the Plaintiff has the right to claim for reimbursement of KRW 7,420,00 for damages paid by the Plaintiff to the Defendant, who is the insurer of the Defendant’s vehicle, to the owner of the Plaintiff’s vehicle. (ii) The instant accident occurred due to the Plaintiff’s negligence, who violated the Plaintiff’s duty of driving and the duty of front-rounding on the instant road, which is a backway without a central line.