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1. The Defendant’s KRW 33,98,640 and the Plaintiff’s annual rate of KRW 5% from November 13, 2014 to April 1, 2016, and the following.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of B-vehicle (picker, hereinafter “victimd vehicle”) and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to C-vehicle (c).
B. At around 22:00 on November 13, 2014, D, while driving a sea-going vehicle and driving a road on the front side (hereinafter “instant road”) of the F-do road located in the Shi of the wife population E at the permissible time (hereinafter “instant road”) from the eurgical bank, D, by negligence, driven the rear part of the damaged vehicle that was parked on the side side of the instant road, and caused damage to the damaged vehicle.
(hereinafter “instant accident”). C.
In the edge of the instant road, a white solid line was left and the damaged vehicle was parked on the side outside of the white solid line, but the place where the damaged vehicle was parked was not a zone subject to prohibition of parking under the Road Traffic Act, and the instant road was placed on the front side of the instant road, when the point where the instant accident occurred, which is a straight line.
The damaged vehicle had a wheels within a wide range of special vehicles compared to ordinary vehicles, but part of the body of the vehicle that installed at a canter with the side was faced with the road of this case beyond a white solid line. At the time of the accident of this case, the driver of other vehicles at the time of the accident of this case, which was at night, could not easily identify the parked damaged vehicle.
E. Meanwhile, on November 14, 2014, the Plaintiff was entrusted with the repair of the damaged vehicle to H, and H completed the repair of the damaged vehicle on December 20, 2014. The Plaintiff leased a sprinkler from J managing I for 32 days except Sundays during the said repair period.
[Ground of Recognition: Facts without dispute, Gap evidence 1-10 evidence, Eul evidence 1 and 3 (including branch numbers, if any) and images, witness H's testimony and purport of the whole pleadings]
2. Determination: