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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
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. On April 13, 2018, the Plaintiff’s vehicle was parked on the front of G in front of the F District Zone E located in Namwon-si, Namwon-si around 21:20.
The driver of the Defendant’s vehicle, who was parked in front of the Plaintiff’s vehicle, was shocked by the front number plate of the Plaintiff’s vehicle on the rear part of the rear part in order to drive the Defendant vehicle which was parked in the front of the Plaintiff’s vehicle.
(hereinafter referred to as “instant accident”). C.
On November 1, 2018, the Plaintiff paid insurance proceeds of KRW 1,048,00 as repair cost for the Plaintiff’s vehicle.
[Evidence Evidence] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiff asserts that the accident of this case is caused by the driver's negligence of the defendant's driver, and since the accident of this case damages the plaintiff's Rabter, etc., the defendant asserts that the plaintiff should pay 1,048,000 won and damages for delay as compensation to the plaintiff.
In this regard, the defendant asserts that the accident in this case occurred due to the negligence of the driver of the plaintiff vehicle who parked without permission on the part of the driver of the defendant vehicle, and that it is difficult to view the plaintiff vehicle's ID as damaged by the accident in this case.
B. Determination 1) According to the above facts of recognition of the negligence ratio of the instant accident, since the instant accident was shocked by the Plaintiff’s vehicle parked in the front while the Defendant was parked in the front, the instant accident was caused by the total negligence of the Defendant’s vehicle, which did not perform the duty of care to ascertain the safety of the career by checking the rear side well. [The Defendant] caused the instant accident due to the Plaintiff’s unauthorized parking by the Plaintiff’s driver.