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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. On September 15, 2019, at the time of the occurrence of the basic fact-finding accident, the accident of this case involving the damage of self-owned vehicle, which was secured by the payment of KRW 462,200,00 (excluding self-paid 200,000) on September 30, 2019, when the vehicle of this case was parked normally in the state of the collision of the FM parking lot in the city of Gwangju, the vehicle of this case, while the vehicle of this case was left behind to park on the left side of the Plaintiff vehicle, was shocked by the Defendant vehicle while the vehicle was parked on the left side of the Plaintiff vehicle.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 10, Eul evidence 1 (including satisfy number), the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The instant accident occurred due to the Defendant’s fault on the part of the Plaintiff’s driver, on the ground that the Defendant’s driver was negligent in performing his duty of care in the later direction while driving on the left side of the Plaintiff’s vehicle, and caused the Plaintiff’s car that was normally parked due to shocking the Plaintiff’s car. (2) The Defendant’s driver did not shocking the car while the Defendant’s driver was driving on the part of the Plaintiff’s vehicle, and thus, the instant accident was not caused.
B. Determination 1) According to the aforementioned facts and the aforementioned evidence, the following circumstances revealed: (a) the Plaintiff’s driver reported a traffic accident to the Gwangju Police Station after the instant accident occurred; (b) the Gwangju Police Station prepared a report on the occurrence of a traffic accident by shocking the car in the course of the Defendant’s vehicle and shocking the Plaintiff’s vehicle; and (b) the Defendant’s driver appears to have received the insurance at the location of the instant accident; and (c) according to the Plaintiff’s report on the result of the instant traffic accident assessment, the Plaintiff’s driver received the insurance at the site of the accident; and (d) the Defendant’s driver claimed as the Plaintiff.