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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 C Vehicle (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).
B. On April 9, 2018, around 15:18, the Plaintiff’s vehicle driven along the Defendant’s vehicle that was driven to park in the apartment parking lot front of the E Apartment-dong, Pakistan, and the Plaintiff’s vehicle stopped to park behind the Defendant’s vehicle, and the Plaintiff’s vehicle also stopped near the Defendant’s vehicle for the following parking.
(hereinafter referred to as “instant accident”). C.
On May 11, 2018, the Defendant paid KRW 1,956,537, which deducts KRW 489,00 of the self-paid cost for the repair cost of Defendant vehicle due to the instant accident, as insurance proceeds.
The Defendant filed a claim against the Plaintiff for deliberation of the indemnity payment as to the said insurance money with the deliberation committee.
On August 20, 2018, the said commission rendered a decision to deliberate and coordinate the Plaintiff’s vehicle and the Defendant’s vehicle’s fault ratio of 20:80, and to pay 489,107 won (=2,445,537 won (insurance money) x 20%) to the Defendant (hereinafter “instant decision”).
E. On October 23, 2018, the Plaintiff paid KRW 489,107 to the Defendant according to the instant decision. On February 8, 2019, the Defendant paid KRW 97,820 (the amount of actual payment is KRW 99,826,00,000,000,000) to the owner of the Defendant vehicle equivalent to the fault ratio (20%) of the Plaintiff’s vehicle out of his/her own charges.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 through 10 and the purport of the whole pleadings
2. Determination:
A. The Plaintiff’s assertion that the instant accident occurred due to the sudden breakdown of the Defendant’s vehicle and the collision between the Plaintiff’s vehicle, but the Plaintiff’s fault was determined as 20% of the fault of the Plaintiff’s vehicle.