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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. Around 09:00 on May 14, 2017, the Plaintiff’s vehicle parked on the left-hand side of the parking zone of the Plaintiff’s vehicle located on the side of the Plaintiff’s vehicle located behind the Round, Masan-dong, Sinsan-si, and the Defendant’s vehicle traveling along the side of the Plaintiff’s vehicle while most of the vehicles of the Plaintiff’s vehicle entered the parking zone. While the Plaintiff’s vehicle traveling through the front side of the Plaintiff’s vehicle, the vehicle turned back the vehicle out of the parking zone and attempted to enter the original parking zone by moving the vehicle into the front direction while the vehicle turns back to the front direction of the driver’s seat of the Defendant vehicle, and the front wheeler and the front wheeler of the vehicle.
(hereinafter “instant accident”). C.
The above side road is a one-way road, and each parking zone is installed at both edges of the road, so the width of the road between the two parking zones can be passed to the extent of one vehicle.
On May 25, 2017, the Plaintiff paid insurance proceeds of KRW 196,000 at the cost of repairing the Plaintiff’s vehicle.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 6, and the purport of the whole pleadings
2. Determination as to the cause of action
A. The following circumstances are: (a) the Plaintiff’s vehicle entered the parking area for parking at the time of the instant accident; (b) the Defendant’s vehicle was in transit on the Plaintiff’s side; and (c) the Defendant’s vehicle appears to have occurred at the time of almost passing on the Plaintiff’s side; and (c) the Defendant’s vehicle is in the situation where the Plaintiff’s vehicle intends to park in the parking area.