A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C Vehicle (hereinafter “Plaintiff Vehicle”) and the Defendant is an insurer who has entered into an automobile insurance contract with D Vehicle (hereinafter “Defendant Vehicle”).

B. On December 1, 2018, at around 12:23, 2018, while the Plaintiff’s vehicle was behind parking at the entrance of the parking lot in the Incheon Strengthening-gun, Incheon, the Defendant’s vehicle discovered and immediately stopped the Plaintiff’s vehicle, and there was an accident of contact in which the passengers of the Defendant vehicle sustained injury.

(hereinafter referred to as “instant accident”) c.

From January 11, 2019 to April 4, 2019, the Plaintiff paid KRW 5,023,660,000 insurance money to the passenger F of the Defendant vehicle with medical expenses, agreement fees, etc. on several occasions.

[Ground for Recognition: Facts without dispute, Gap 1 through 9, Eul 1 and 2, Eul 3-1 to 5, and the purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the total negligence of Defendant 1, who attempted an unnecessary emergency rescue operation even though the Plaintiff’s vehicle was moving at a slow speed.

B. The Defendant’s assertion that the instant accident occurred in the course of operating the Plaintiff’s vehicle in order to avoid the Plaintiff’s vehicle being suddenly driven without sufficiently examining the rear side at the parking lot, and that the Defendant’s fault or considerable negligence occurred in the Plaintiff’s vehicle’s operation. It is only considered that the Plaintiff’s negligence, which did not act as the safety labelling boat, was partly considered, and the insurance money paid to F was calculated excessively.

C. Comprehensively taking account of the overall purport of the evidence as seen earlier, ① the place where the instant accident occurred is a parking lot within the E market where the vehicle parking and the exit of the vehicle frequently occurred; ② the Plaintiff’s driver was in a tent to park the vehicle in line with the parking zone line within the said parking zone; ③ Meanwhile, the Defendant’s vehicle is the Plaintiff.