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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. On May 2, 2017, around 12:00, at the lowest of 12:0, the road located in the Pungnam-si, Kimhae-si, the Plaintiff’s vehicle in front of the Plaintiff’s vehicle while driving three-lanes in the three-lanes of the three-lanes, where the latter part of the Defendant’s vehicle parked across the side and the three-lanes of the three-lanes of the road at the time (hereinafter “instant accident”).
C. On May 31, 2017, the Plaintiff paid KRW 8,800,000 at the repair cost of the Plaintiff’s vehicle. On August 4, 2017, the Plaintiff paid KRW 591,080 to the Plaintiff’s driver C for medical treatment.
[Reasons for Recognition] A without dispute, entry of Gap evidence 3 through 6, and 9, Gap evidence 2, Eul evidence 1 and the purport of whole pleadings
2. The assertion and judgment
A. (1) The Plaintiff’s Defendant’s vehicle was an illegal parking on the side with the third vehicle and the side without having an emergency, etc. on the motorway.
Plaintiff
60% of the negligence on the part of the driver of the vehicle and 40% of the negligence on the part of the driver of the vehicle were concurrent, and the accident occurred.
In accordance with the terms and conditions that treat only 100% of the medical expenses between insurance companies for human life damage, the defendant is liable to bear 100% of the medical expenses of the driver of the plaintiff vehicle who is the victim.
Plaintiff
With respect to automobile repair costs, 3,520,000 won (=8,800,000 x 40%) equivalent to 40% of the negligence ratio of the driver of the defendant vehicle shall be paid.
4,111,080 won (=591,080 won) by subrogation of the insurer under the Commercial Code is sought to pay the sum of KRW 3,520,000 (=591,080).
(2) As to the instant accident, the Plaintiff’s driver recognized that the instant accident occurred due to his failure, and the Compensation Money Dispute Resolution Committee also determined that the Defendant’s driver was not at fault.
Plaintiff
A driver of a vehicle;