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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to a Abebelled vehicle (hereinafter “Plaintiff”), with respect to a B Abelled vehicle (hereinafter “Defendant”)
B. On January 3, 2014, at around 17:10, C operated the Plaintiff’s vehicle and moved to the gallonian department store located in Gangnam-gu Seoul, Gangnam-gu, Seoul, for the purpose of bypassing to the gallony department building (hereinafter “instant accident”) one another (hereinafter “instant accident”).
C. On February 7, 2014, the Plaintiff paid insurance proceeds of KRW 535,470 at the cost of repairing the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 6 (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings
2. While the Plaintiff asserts that the instant accident was caused by the previous negligence of the Defendant’s driver of the vehicle on the part of the Defendant, the Defendant asserted that the instant accident was caused by the previous negligence of the Plaintiff’s driver of the vehicle.
3. In full view of the records or images of Gap evidence Nos. 2, 4, 5, Eul evidence Nos. 2, 2, 3, 5, and 6 and the overall purport of this Court's video verification results and pleadings, the place where the accident in this case occurred is one-lane road that enters the right side side of the plaintiff's vehicle from the pressure apparatus to the Han 1, 2, and 3 apartment room. At the time of the accident in this case, the vehicle owner C was waiting to enter the above right side side side of the road into a galian department store at the time of the accident in this case, while moving back to the point of the accident in this case, the driver of the plaintiff's vehicle C tried to stop two to three seconds second after the vehicle waiting to enter the parking lot in this case and let the vehicle deducted to the left side of the vehicle in front of the plaintiff's side while driving fast toward the left side side of the plaintiff's vehicle.