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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to a vehicle A (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to the vehicle B (hereinafter “Defendant”).
B. Around 03:00 on December 27, 2016, the Plaintiff’s vehicle was parked on the road front of the Rabur in Daejeon Seo-gu, Daejeon. The Defendant’s vehicle proceeding in the direction of the Plaintiff’s vehicle at the intersection in front of the Mobur. The left part of the front left part of the Plaintiff’s vehicle, and the left part was shocked by the front part of the Defendant’s vehicle. due to the shock, the Plaintiff’s vehicle was pushed down along the right side of the Plaintiff’s vehicle, and the front left part of the front part of the Plaintiff’s vehicle was shocked.
(hereinafter referred to as “instant accident”). C.
On February 10, 2017, the Plaintiff paid KRW 14.8 million with the repair cost of the Plaintiff’s vehicle due to the instant accident (hereinafter “instant primary repair cost”), and KRW 4,965,260 with the insurance proceeds on April 4, 2017 (hereinafter “the instant secondary repair cost”).
[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, 3, and 5 (including branch numbers, if any; hereinafter the same shall apply) or images, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that the accident of this case occurred entirely with the responsibility of the defendant vehicle, and the repair cost of the plaintiff vehicle paid by the plaintiff is calculated appropriately within the scope of damage caused by the accident of this case, so the defendant asserts that the plaintiff should pay the plaintiff the total amount of the insurance money paid by the plaintiff (= KRW 19,765,260,000, KRW 4965,260,000) and delay damages.
In regard to this, the defendant was parked illegally at the time of the accident of this case, so the ratio of the defendant's vehicle's liability to the accident of this case is 70%.