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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
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. At around 07:30 on February 9, 2019, the driver of the Defendant vehicle transferred the vehicle parked in the Defendant’s apartment underground parking lot, Jinhae-gu, Changwon-si, Jinwon-si, and shocked the front part of the Plaintiff vehicle parked adjacent to the right side in the course of moving the vehicle.
(hereinafter referred to as “instant accident”). C.
By February 20, 2019, the Plaintiff paid insurance money to the fronter and fences of the left-hand wheeler of the Plaintiff’s vehicle, and the fronter and the repair expenses for the left-hand wheeler, and the Defendant paid the Plaintiff the repair expenses for the fronter and fences of the left-hand wheeler, but refused to pay the repair expenses for the front wheeler and the front wheeler of the left-hand wheeler to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 through 8, or the purport of the whole pleadings
2. Determination
A. At the time of the Plaintiff’s assertion, the driver of the Defendant vehicle at the time of the instant accident caused damage to the wheels of the Plaintiff vehicle parked next to the left-hand side in the process of repeating and moving back the Defendant vehicle along with the front-hand side of the vehicle.
Nevertheless, the defendant does not pay the repair cost by paying only the fronter and fences to the left-hand side, and thus, the plaintiff seeks payment of 50,000 won (except for self-paid 200,000 won) paid by the plaintiff as the insurance money at the wheelchairs repair cost to the defendant.
B. On the other hand, the evidence presented by the Plaintiff alone is insufficient to recognize that the front quith of the Plaintiff’s vehicle was damaged due to the instant accident, and there is no other evidence to acknowledge this. Rather, the evidence and the purport of the entire pleadings are considered as a whole.