beta
Text
1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. On April 9, 2014, around 16:56, the driver of the Defendant vehicle moved to an empty parking space (hereinafter “instant parking space”) to allow the parking of the Defendant vehicle in the front and the front and rear parking lot located in Yansan-gu Seoul Special Metropolitan City (hereinafter “instant parking space”). At the time, the driver attempted to make the front parking in the parking space of the instant parking space at the time, and the left part of the left part of the Plaintiff vehicle stopped at the time was shocked into the rear part of the left part of the Defendant vehicle.
C. On August 12, 2014, the Plaintiff paid KRW 253,300 for the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Reasons for Recognition] Unsatisfy, each entry or video of Gap evidence 1 to 3, the purport of the whole pleadings
2. The plaintiff asserted that the accident in this case occurred at the front of the empty space and brought back the plaintiff's vehicle, which had been parked, without regard to the driver of the defendant's vehicle. On the other hand, the defendant's vehicle was first entering the parking lot in this case and brought forward for parking, but the plaintiff's vehicle that entered the parking lot was late at a rapid speed to the parking space, and caused the collision.
3. The following circumstances, i.e., three winners first left the Defendant’s vehicle on the parking lot, i.e., the Defendant’s vehicle on the parking lot, i.e., three passengers first left the instant parking space, which appears to be the only empty space in the instant parking lot, are moving to the Defendant’s vehicle for parking, and the Plaintiff’s vehicle entering the parking lot access road.