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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
1..
Reasons
1. Basic facts
A. The Plaintiff and the Defendant are the insurers that have concluded the automobile comprehensive insurance contract as listed below:
Vehicles with the driver's number of the target vehicle and the first vehicle (Defendant vehicle) C, the second vehicle (Plaintiff vehicle) of the Defendant C, the 3rd vehicle before the right-hand of the Plaintiff, and the 4F left-hand left-hand-hand-hand-hand-hand-hand
B. On April 25, 2018, at around 09:26, the Defendant’s vehicle driven the two-lanes of the two-lane road from G apartment room to H building room on the side of G apartment site, and the two-lanes of the two-lanes of the two-lane road from G apartment room to H building room. However, on the opposite side of the direction, the Defendant’s vehicle turned to the right side in order to avoid the fourth vehicle. The Defendant’s vehicle turned to the right side in order to avoid the fourth vehicle.
At this time, the Plaintiff’s vehicle was parked on the three-lane from the two-lane road to the upper right side of the said three-lane. However, in this process, the front part of the Defendant’s vehicle was shocked by the front part of the Plaintiff’s vehicle, and the shocking of the third vehicle parked while the Plaintiff’s vehicle was pushed down due to the shock. (hereinafter “instant accident”).
C. By August 8, 2018, the Plaintiff paid insurance proceeds of KRW 12,543,600 to the insured of the Plaintiff’s vehicle at its repair cost.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 6, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s instant accident occurred due to the unilateral negligence of the Defendant’s driver of the Defendant’s vehicle, who moved to the right side of the front line in violation of the duty of the front line, and thus, the Defendant is obliged to pay the Plaintiff a reasonable amount of reimbursement for the repair cost.
B. As to the instant accident by the Defendant, the share of 40% and 10% is recognized to the third vehicle, which is the vehicle that is the insurer of the Plaintiff.