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1. Of the judgment of the court of first instance, the part against the plaintiff, which orders additional payment, shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).
B. Around 17:30 on December 7, 2018, the Plaintiff’s vehicle was driving a two-lane road along with yellow on-and-off signal at the remote intersection located in Dobong-gun, Young-dong, Young-gun, 121, then entered the right side of the direction of the road immediately on the ground that the Defendant’s vehicle is parked on a two-lane road in the direction of the entry while bypassing the road along a red on-and-off signal, and the vehicle was parked on the two-lanes in the direction of the entry. In the process, the Plaintiff’s vehicle’s driver’s seat part of the Defendant’s driver’s seat (hereinafter “instant accident”).
C. Due to the instant accident, KRW 1,741,350 for the Plaintiff’s vehicle (i.e., repair cost of KRW 1,773,300 - DC offset 23,850 - The return of remainder 8,100) was incurred, and the Plaintiff paid insurance proceeds of KRW 1,541,350 for the remainder after deducting KRW 200,000 for self-payment around January 10, 2019.
[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7 and Eul evidence No. 1 (including each number), and the purport of the whole pleadings
2. The assertion and judgment
A. (1) The Plaintiff’s assertion (1) at the time the instant accident occurred due to the previous negligence of the Defendant’s vehicle that occurred at the time when the Plaintiff’s vehicle moves out of the instant intersection, which occurred from a narrow channel, before treating the red on-and-off lights in a narrow channel, and the Plaintiff’s driver had no other way to avoid the instant accident. Therefore, the Defendant is obliged to pay the Plaintiff the repair cost of KRW 1,541,350 and the damages for delay.
(2) At the time of the instant accident, the Plaintiff’s driver did not properly display the front door, and the Defendant’s driver is inevitable due to the parking vehicle.