A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. On March 30, 2018, around 17:37, 2018, the Defendant’s vehicle left the front direction of Yongsan-gu Seoul Metropolitan City E-do from the Hannam-distance bank to the air room of the F Hospital, and the part of the driver’s seat of the Plaintiff’s vehicle, which was temporarily stopped on the right side of the same lane while moving to the air room of the F Hospital, was shocked into the middle part of the front direction of the Defendant’s vehicle.

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

On May 11, 2018, the Plaintiff paid 438,870 won for the repair cost of the Plaintiff’s vehicle due to the instant accident (200,000 won for self-charges) as insurance proceeds.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including each number), Eul evidence No. 1 and the purport of the whole pleadings

2. Determination:

A. (1) The Plaintiff’s assertion (1) that the instant accident occurred while bypassing the Plaintiff’s vehicle prior to the Defendant’s vehicle on the same lane. As such, the Plaintiff’s driver asserts that the negligence of the Defendant’s vehicle is 10% as an inevitable accident.

(2) As the instant accident occurred when the Plaintiff’s vehicle stops illegally, without examining the movement of the Defendant’s vehicle that was bypass at the front section, the Defendant’s driver did not expect the Plaintiff’s vehicle that was stopped to start. Thus, the Defendant’s driver could not expect the Plaintiff’s vehicle that was stopped to start as a sudden start, and the Plaintiff’s vehicle’s fault was 10%.

B. In other words, the Plaintiff’s driver was consistently stopped at the time of the instant accident from the date of the instant accident to the date when the investigation agency makes a statement, taking full account of the overall purport of the evidence admitted as above and the aforementioned facts.