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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. At the time of the instant accident, the Plaintiff’s vehicle and the Defendant’s vehicle are traveling along in the situation where the vehicle is parked on the back-lane of the collision status in the front side of the Kui-gu E, Young-gu, Sinju at the location of 12:40 August 11, 2019 at the time of the instant accident.
Plaintiff
The back of the left side of the vehicle and the back of the left side of the vehicle of the defendant (hereinafter referred to as the "accident of this case") are in contact with the payment of insurance proceeds of 259,000 won (hereinafter referred to as the "cost of repair of the vehicle of this case"), the security of self-paid vehicle and self-paid vehicle damage security, the payment date of insurance proceeds of KRW 200,000,000 (based on recognition) on September 4, 2019 (if there is no dispute), each entry or video of subparagraphs A1 through 6, Eul (including the number of pages), and the purport of the whole pleadings, and
2. Determination
A. The facts acknowledged prior to the rate of negligence, based on the aforementioned evidence, the instant accident is unreasonable without yield by the driver of the Plaintiff and the Defendant’s vehicle, even though the vehicle is parked on the side of a lane, and the width of the road that is able to drive is very narrow, so the vehicle is at very narrow level, and thus, the risk of collision is very high in the event of traffic, and the vehicle cannot drive beyond the central line.
It is recognized that the Plaintiff’s driver and the Defendant’s driver violated the duty of safe driving.
However, in view of the fact that the movement of the Defendant vehicle, rather than the Plaintiff vehicle, was larger than the Defendant vehicle, the negligence of the Defendant vehicle driver in relation to the instant accident may be deemed to be greater. Furthermore, in light of the various circumstances revealed in the pleadings, such as the background of the instant accident and the impact and degree of each vehicle, it is reasonable to regard the negligence of the Plaintiff vehicle driver in relation to the instant accident as 40%:60%.
B. Insurance money paid by the Plaintiff to the insured within the scope of indemnity is paid on the basis of self-vehicle damage security.