Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with respect to B cargo vehicle (hereinafter “Defendant vehicle”).
B. At around 10:40 on August 6, 2013, C completed the oil oil of the Defendant’s vehicle in Jung-gu Incheon, Jung-gu, Incheon (hereinafter “instant gas station”) and went into the road, while reporting the road situation at a gas station and waiting at a speed of less than 10km, C completed the oil supply later than the Defendant’s vehicle at the time, and there was an accident that conflicts with the part above the right side of the Defendant’s vehicle at a speed above the right side of the Defendant’s vehicle (hereinafter “instant accident”).
C. On September 3, 2013, the Plaintiff paid KRW 625,000 for the repair cost of the Plaintiff’s vehicle as insurance money for the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 6, 7 (including Serials), Eul evidence Nos. 1, 3 through 11 (including Serials), and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion that the accident of this case occurred due to the previous negligence of the defendant vehicle driver's negligence in front of the plaintiff vehicle while the plaintiff's vehicle entered the port of the gas station of this case to the road of this case. Thus, the defendant is obligated to claim for reimbursement of insurance money paid by the plaintiff to the plaintiff. The defendant's allegation that the accident of this case occurred due to the plaintiff's duty to claim for reimbursement of the insurance money paid by the plaintiff to the plaintiff. The defendant's vehicle driver first arrived at the exit of this case in order to complete the oil within the gas station of this case and enter the road of this case, after waiting the vehicle of this case to stop, the vehicle of this case which started from the road of this case, and