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1. Of the judgment of the court of first instance, KRW 3,324,520 against the Plaintiff as to the Defendant and its related amount, from March 16, 2018 to May 22, 2019.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with D Vehicle (hereinafter “Defendant Vehicle”).
B. Around 07:10 on February 26, 2018, when the Plaintiff’s vehicle was driven by a slope to enter the underground parking lot of the e-owned apartment unit in Yeongdeungpo-gu, Young-gu, Young-gu, Chungcheongnam-si, an accident that conflicts with the front part of the Defendant’s front part of the vehicle and the front part of the left part of the Plaintiff’s vehicle that entered the slope to a slope way beyond the central line of the passage through a slope in order to leave the slope from the opposite direction on the ground (hereinafter “instant accident”).
C. On March 15, 2018, the Plaintiff paid the insurance proceeds of KRW 4,963,600 (the self-charges of KRW 500,000) at the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 4 through 6 (including paper numbers), Gap evidence 8, Gap evidence 9, Eul evidence 1, and the purport of the whole pleadings
2. Determination
A. The center line of the parking lot access slope by the plaintiff vehicle and the driver of the defendant vehicle is not the center line under the Road Traffic Act installed by the person authorized to install the parking lot under the Road Traffic Act or the person delegated by the above person. However, the parking lot user is obligated to follow the central line direction mark according to the terms of the parking space lending, lease, or condominium building agreement, or the terms of the deposit contract, and it is common to believe that the driver of the vehicle using the parking lot is able to drive the vehicle in compliance with the central line of the vehicle.
Therefore, as seen earlier, the instant accident occurred due to the Defendant’s failure of the driver of the Defendant’s vehicle in the course of entering the passage through an entrance slope. As such, the instant accident occurred.