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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. Facts of recognition;
A. With respect to A vehicle (hereinafter “Plaintiff”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. Around 16:05 on June 13, 2016, when the Plaintiff’s vehicle entered into an underground parking lot of the 1st place in Yong-eong-eong-eong-eong-e-e-e-e-e-Eup, dong-e-e-e-e-ri, a rural complex, where the Plaintiff’s vehicle moves back from the right side of the Plaintiff’s vehicle to the right side of the Plaintiff’s vehicle.
(hereinafter referred to as “instant accident”). C.
On June 29, 2016, the Plaintiff paid insurance proceeds of KRW 2,285,060 under the name of the repair cost for the Plaintiff’s vehicle.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 to 1, or the purport of whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) : The instant accident occurred due to the overall negligence of the Defendant’s driver, who moved out of the underground parking lot while driving ahead of the vehicle, and thus, the Defendant, the insurer of the Defendant’s vehicle, should claim reimbursement of the total amount of the insurance money paid by the Plaintiff. 2) The Defendant: (a) the Plaintiff’s driver, also entered the Plaintiff’s underground parking lot at a rapid speed without speed, while driving the Plaintiff’s vehicle at a sudden slope, or neglecting the duty of care for safe driving, such as neglecting the duty of care
B. In general, the following circumstances revealed by the above facts and macroscriptive evidence, namely, warning should be given when a vehicle enters an apartment underground parking lot, and notification of entry. Therefore, the defendant vehicle that is willing to leave the underground parking lot that does not separate the entrance and exit exit has a duty of due care to give caution to warning sound and to safely drive the vehicle so that it does not conflict with the entering vehicle. On the floor of the underground parking lot, the entry vehicle shall be displayed on the right side.