1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. The circumstances leading to the instant accident are as follows.

At the time of the accident, the insured vehicle (hereinafter referred to as "Plaintiff vehicle") shall be the insured vehicle.

Defendant’s insured vehicle (hereinafter referred to as “Defendant’s vehicle”).

C On May 26, 2018, around 12:30 on May 26, 2018, at the location of the D and around 12:30, the driver’s seat located on the right side of the Defendant’s vehicle operating in the same direction, which was parked on the front side of the road at the location of the accident in front of Gangseo-gu Seoul, Gangseo-gu, Seoul, the location of the accident in front of the apartment (hereinafter “instant accident”); the payment of insurance proceeds to the Defendant’s vehicle (hereinafter “instant accident”); the fact that there is no dispute over the damage of the secured vehicle of KRW 1,587,390 on June 12, 2018; the purport of the entire arguments and arguments

2. Determination

A. According to the evidence of the Plaintiff’s vehicle and the Defendant’s driver’s fault ratio, the Defendant’s negligence on the part of the Defendant’s driver who did not confirm the door of the Plaintiff’s vehicle in the instant accident and did not proceed with the accident.

I would like to say.

However, according to the video of Eul evidence No. 2, the road where the accident in this case occurred is one-lane road where parking or stopping is prohibited, and the driver of the plaintiff vehicle stops in violation of this provision, and the defendant vehicle driving in the same direction by opening the door of driver's seat, which could not proceed without passing the central line, it is reasonable to deem that the accident in this case occurred due to the principal negligence of the driver of the plaintiff vehicle.

Therefore, the negligence of the Plaintiff and the Defendant caused the instant accident.

It is reasonable to view that the negligence ratio is 70% of the plaintiff's vehicle and 30% of the defendant's vehicle.

B. According to the theory of lawsuit, the Defendant’s claim against the Plaintiff for reimbursement of KRW 476,217 (1,587,390 won X30%) and the Defendant’s claim as to the existence and scope of the obligation from June 13, 2018, which is the day following the payment date of the insurance money, is reasonable. The Civil Act, which is the date of the first instance judgment, is the date of September 13, 2018.