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1. Of the judgment of the first instance, the part against the defendant in excess of the amount ordered to be paid below is revoked, and that part is revoked.
Reasons
1. The reasons for this part of the facts of recognition are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for the second to third parts of the judgment of the court of first instance, with the exception of the second to third parts above, as follows. Thus, this part of the reasoning of the judgment of the court of first instance is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary Use]
B. The Plaintiff, as an insured person under an automobile comprehensive insurance contract entered into with H on November 22, 2017, as the government guaranteed business entity under the Automobile Compensation Guarantee Act by November 50, 200,000 won (the insurance proceeds paid to F in accordance with the said Act are KRW 50,000,000,000, in full view of the purport of the entire pleadings, as a whole, the injury of F is KRW 12,00,000 and KRW 12,000 as stated in attached Table 1 of the Enforcement Decree of the said Act, and the fact that the Plaintiff constitutes KRW 38,00,000,00,000 as stated in the “the classification of injury and the amount of liability insurance proceeds of the subsequent disability and the amount of liability insurance proceeds” in attached Table 2, and the Plaintiff paid KRW 50,00,000,000 insurance proceeds to F in accordance with the said Act, each of the insurance proceeds paid to F in accordance with the agreement.
2. Determination
A. 1) In order to prevent danger on the road and ensure safe and smooth flow of traffic on the road between the instant accident and the illegal parking of the instant taxi, the driver of any motor vehicle has a duty of care not to park in the parking-prohibited area. This cannot be viewed as a place where there is no obstacle to view otherwise. Unless there are special circumstances, barring special circumstances, if a collision accident would not occur if the illegal parking was parked in the parking-restricted area without a vehicle, or a situation where damage was less likely to occur due to the collision, there is a substantial relation between the illegal parking and the collision accident.
It should be seen (see Supreme Court Decision 96Da33808 delivered on March 11, 1997, etc.). Based on the above legal principles, health class A, A, based on the above legal principles.