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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the CM5 Motor Vehicles owned by B (hereinafter “Plaintiff Motor Vehicles”), and the Defendant is the owner of D Motor Vehicles (hereinafter “Defendant Motor Vehicles”).
B. At around 21:50 on July 9, 2014, B: (a) driven the Plaintiff’s vehicle, and driven the instant vehicle at the right edge of the Defendant’s vehicle, which was parked at the right edge of the direction, due to the light of the vehicle driven on the opposite direction while driving at the road of Nowon-gu, Daegu-gu, Nowon-gu, Nowon-gu, at the entrance of Nowon-gu, an underground road of the street bridge in front of the entrance of the road at the right edge of the road at the right edge of the road; (b) E, who was on the front edge of the Plaintiff’s right edge, was able to receive the back portion of the Defendant’s vehicle that was parked at the right edge of the road; and (c) due to the shock, E, who was on the part of the Plaintiff’
(hereinafter “instant accident”). C.
When the accident in this case occurred, it is night, and the place of the accident is the parking prohibited section with yellow domin lines marked at the edge of the accident.
At the time of the instant accident, the Defendant illegally parked the Defendant’s vehicle at the edge of the road without using the tail lights, sidelights, etc. of the Defendant’s vehicle.
E. E is the physical disability of the restriction on the official exercise due to the injury inflicted upon the instant accident, and the rate of loss of operational capacity constitutes a temporary disability for 13% and 4% for 4 years.
F. As to the instant accident, the Plaintiff paid KRW 19,03,120,00 in total to E, taking into account treatment costs of KRW 5,503,120 from September 11, 2014 to December 24, 2014, including reimbursement of KRW 13,50,000,00, considering the cost of future treatment, consolation money, etc.
【In the absence of dispute over the grounds for recognition, the entries of the evidence Nos. 1-1, 2, 2-2, and 5-1 to 3, 6 of the evidence No. 5-1, the entries of the evidence No. 8, the evidence No. 3-1 to 3, 4-1 of the evidence No. 3-1, and the purport of the whole pleadings
2. The occurrence and scope of the right of indemnity;
A. According to the facts established prior to the occurrence of the liability for damages and the limitation thereof, the instant accident was negligent in performing the duty of prior care.