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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. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile insurance contract for AK5 vehicles (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement for B bus vehicles (hereinafter “Defendant vehicle”).
B. Around 08:40 on April 1, 2017, the driver of the vehicle on the side of the defendant was driving a vehicle on the part of the defendant side and driving a one-lane road (hereinafter “instant road”) near 615-dong-dong-dong-dong-dong-dong-Dong-dong-dong-dong-dong, Yangcheon-gu, Seoul, which is located on the front right side of the vehicle on the part of the defendant side while driving a 61-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong
(hereinafter “instant traffic accident”). C.
On June 9, 2017, the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 1,488,400 for the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 and the purport of the whole pleadings
2. Determination
A. The main point of the Plaintiff’s assertion is that the instant traffic accident caused the negligence of the Defendant’s driver on the part of the Plaintiff, who violated the Plaintiff’s duty of illegal parking, front-time parking, and safe driving. The negligence ratio of the Defendant’s vehicle is 90%.
Therefore, the defendant, who is the mutual aid business for the defendant's vehicle, is obligated to pay 1,339,560 won and damages for delay equivalent to 90% of the negligence ratio of the defendant's vehicle out of the insurance money paid by the plaintiff.
B. According to the above facts and the evidence revealed earlier, the instant traffic accident caused the negligence of the Defendant’s driver, who neglected the duty of front-time and safe driving, in driving on the road of this case where the Plaintiff’s driver’s fault on the part of the Plaintiff, who parked in a place where parking is not allowed, causing danger to traffic or interference with traffic, and the instant traffic accident occurred.