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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1.The following facts of recognition may be found either in dispute between the parties or in combination with the purpose of the entire pleadings on the statements or images set forth in Gap evidence 1 to 7 (including branch numbers in case of supplemental numbers) and Eul evidence 3:
With respect to the Plaintiff’s vehicle A (hereinafter “Plaintiff”), the Defendant is an insurer who has concluded each comprehensive automobile insurance contract with respect to the Defendant’s vehicle B (hereinafter “Defendant”).
B. On January 18:15, 2015, the driver of the Plaintiff’s vehicle in the instant accident: (a) driven the Plaintiff’s vehicle and passed through the vehicle entry blocking device installed at the entrance of the D Parking Lots located in G in the Young-si Area (hereinafter “instant parking lot”); and (b) going to the left at the Twit-ro intersection (hereinafter “instant intersection”) along the instant road, while going to the left at the right-hand turn at the crossing of the instant parking lot, the driver of the Plaintiff’s vehicle going to the left-hand part of the front-hand part of the Defendant’s vehicle, which was at the right-hand side of the instant intersection, to enter the instant parking lot; and (c) proceeded to the left-hand part of the Plaintiff’s vehicle, which was at the right-hand side of the instant parking lot.
(hereinafter referred to as the “instant accident”). C.
The Plaintiff paid 240,000 won in total as repair cost of the Plaintiff’s vehicle due to the instant accident.
2. Assertion and determination
A. The Plaintiff’s assertion 1) The instant accident did not see the Plaintiff’s vehicle, and caused the Plaintiff’s negligence by the unilateral negligence of the Defendant’s driver who shocked the Plaintiff’s vehicle by breaking the virtual median line. Therefore, at the time of the instant accident, the Plaintiff has the right to claim the full amount of the insurance money paid by the Plaintiff to the Defendant, who is the insurer of the Defendant’s vehicle, and the damages for its delay. (2) At the time of the instant accident, the Defendant’s vehicle confirmed and temporarily stops the Plaintiff’s vehicle left from the instant parking