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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. The plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A vehicle (hereinafter "Plaintiff vehicle"), and the defendant is the insurer who has entered into the comprehensive automobile insurance contract with respect to B vehicle (hereinafter "Defendant vehicle"), there is no dispute between the parties.
2. The parties' assertion
A. On July 9, 2013, at around 03:00, the Plaintiff asserted that the front road D in front of the Plaintiff was running from the front side of the Plaintiff’s vehicle at the front side of the Plaintiff’s vehicle, and the front side of the Defendant’s vehicle, which was illegally parked on the left side of the running side of the vehicle, conflict with the front side of the Plaintiff’s vehicle.
In the above accident, the plaintiff suffered from the injury of E, a driver of the plaintiff's vehicle, and the plaintiff paid 17,256,990 won in total as medical expenses to the above driver.
Therefore, the defendant is obligated to reimburse the plaintiff the total amount of KRW 17,256,90.
B. The Defendant’s assertion that the instant accident occurred on the following grounds: (a) the Defendant’s vehicle parked on the left side side of the Defendant’s vehicle, which was parked on the front side of the Plaintiff’s vehicle without lowering the speed when the Plaintiff’s driver entered the instant vehicle into D while driving on the roadside; and (b) the Defendant’s vehicle parked on the front side of the Plaintiff’s vehicle at approximately one meter away from the front side of the vehicle; (c) there is no proximate causal relation between the instant accident and the parking of the Defendant’s vehicle; and (d) there is no reason for the Plaintiff
3. On July 9, 2013, when the Plaintiff’s vehicle was running the front road D in front of the Plaintiff’s vehicle in front of the racing on or around 03:00 on or around 03:0, the fact that the back part of the right side of the Defendant’s vehicle, which is illegally parked on the left side of the Plaintiff’s vehicle’s driving direction, is not disputed between the parties, or that the front side of the Plaintiff’s vehicle was shocked with the front side of the Plaintiff’s vehicle, may be recognized by considering the overall purport of the pleadings as a whole on the entries or videos stated in
However, the evidence and the whole purport of the pleading mentioned above are acknowledged as follows.