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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to a dump truck B 15 tons owned by A (hereinafter “Plaintiff”) and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to a drop vehicle for C Driving (hereinafter “Defendant vehicle”).
B. At around 02:40 on April 10, 2015, A parked the Plaintiff’s vehicle at a point of 185-7 Jeju U.S. S. S. 200 meters near Seopo-si, Seopopo-si, Seopo-si, 185-7, and at a point of 200 meters near the World Cup St. FC, at a three-lane way in the face of the World Cup stadium. A driving the Defendant vehicle under the status of 0.187% of blood alcohol content, and the Plaintiff’s vehicle, driving the Defendant vehicle on the front side of the front side of the Defendant’s vehicle, thereby shocking the left side of the Plaintiff’s vehicle (hereinafter “instant accident”).
다. 원고 차량이 주차된 도로는 길가장자리 구역선이 흰색 실선으로 주ㆍ정차가 모두 가능한 구간이었고, 당시 원고 차량은 비상등과 후미등을 점등하고 있는 상태로 주차되어 있었으며, 충격 후 원고 차량은 후미 부분이 2차로와 3차로에 걸쳐 비스듬히 정차되어 있었고, 피고 차량은 2차로 상에 멈춰 있었으며, 한편 급정거 시 발생하는 바큇자국은 없었다. 라.
Due to the instant accident, Defendant E died, and on May 11, 2015, the Defendant paid KRW 100 million to the bereaved family members of the Deceased as damages.
E. On January 5, 2016, the Defendant asserted that the negligence of the Plaintiff’s vehicle constituted 20% for the instant accident, and filed a petition for deliberation with the committee for deliberation on the dispute over reimbursement of automobile insurance. The said committee decided to recognize the negligence of the Plaintiff’s vehicle as 10%. On April 29, 2016, the Plaintiff paid KRW 10 million to the Defendant in accordance with the mutual agreement on the deliberation on the dispute over reimbursement of automobile insurance.
[Ground of Recognition] Facts without dispute, entries and images of Gap evidence 2, 4, and 18 (including paper numbers), and arguments.