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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
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with Crydi A6 vehicles (hereinafter “Plaintiff vehicle”), and the Defendant is the insurer who has entered into an automobile insurance contract with Dydi vehicle (hereinafter “Defendant vehicle”).
B. Around 12:50 on July 16, 2017, the Plaintiff’s vehicle was left left from the side road to enter the apartment parking lot of Gyeyang-gu Incheon Metropolitan City, Gyeyang-gu, Incheon, the direction of the parking lot entrance. However, there was an accident where the Defendant’s vehicle, which was located in the said parking lot, was the front part of the Plaintiff’s vehicle, and the breakdown of the Plaintiff’s driver’s seat was shocked (hereinafter “instant accident”).
C. On August 28, 2017, the Plaintiff paid KRW 6,639,00,000, excluding the KRW 500,000,000 for the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 11, Eul evidence 1 to 3 (including branch numbers for those with serial numbers) and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that the instant accident did not operate safely by examining the movement of the surrounding vehicle, but did not find it late after the Plaintiff’s entry at the entrance of the parking lot, and also occurred due to the former fault of the Defendant’s driver who did not immediately suspend the vehicle. As such, the Defendant is liable to pay the Plaintiff the indemnity amount of KRW 6,639,000 and the delay damages pursuant to Article 682(1) of the Commercial Act as the insurer of the Defendant’s vehicle.
B. The Defendant’s assertion did not properly examine the movement of the surrounding vehicle at the time of entering the parking lot, and the negligence by the Plaintiff and the Defendant’s driver occurred, and the negligence by the Defendant’s driver should be deemed to be 60%. Therefore, the Defendant is not obliged to pay the Plaintiff the indemnity amount exceeding the above negligence ratio.
3. Determination A.