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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
purport.
Reasons
1. At the time of the occurrence of the insured vehicle C (hereinafter “Plaintiff”) of the insured vehicle C (hereinafter “Defendant”) of the insured vehicle D (hereinafter “Defendant vehicle”) at the time of the accident, on September 20, 2018, the number of vehicles parked at the edge of the two-lanes is reduced, and the two-lanes are narrow, the number of the vehicles parked at the edge of the two-lanes of the insured vehicle at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the collision, and the vehicle of the Plaintiff, who was driven by the Plaintiff following the Defendant, tried to pass the Defendant vehicle by changing its course from the two-lanes to the two-lane course, and the collision between the vehicle and the third vehicle parked with the front wheels of the left side of the Plaintiff vehicle, and then the amount of the insurance proceeds that the Plaintiff paid after deducting KRW 2,953,100 (20,100,200 won.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 to 10 (including each number), and the fact that there is no dispute
2. Determination
A. According to the fact of negligence recognition, it is clear that the error of the driver of the Defendant vehicle, without securing safety distance, changed rapidly from the first lane to the second lane, is the primary cause of the accident. However, even though the two lanes have been considerably narrow due to the vehicle parked at the time, it seems that the error of the driver of the Plaintiff vehicle attempted to overtake the Defendant vehicle in an unreasonable manner by the driver of the vehicle is also the cause of the accident.
In light of the circumstances revealed in the arguments, such as the background of the above accident and the impact and degree of each vehicle, the ratio of negligence between the driver of the plaintiff vehicle and the driver of the defendant vehicle in relation to the accident can be assessed as 20%: 80%.
B. Insurance money paid by the Plaintiff is paid on the basis of the security for self-vehicle damage.