Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

A. The Plaintiff is an insurer who entered into an automobile insurance contract with C, owned by C (hereinafter “Plaintiff”) with C, and the Defendant is a mutual aid contractor who entered into a mutual aid agreement for automobile damage compensation for E, NAS vehicle (hereinafter “Defendant vehicle”).

B. On July 15, 2018, at around 16:15, the Plaintiff’s vehicle was parked and parked in the parking lot of the Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, the front of the Defendant’s vehicle was parked in the right side of the Defendant’s vehicle, and the Defendant’s vehicle confirmed that the front of the Defendant vehicle was in front of the Defendant vehicle while the vehicle was parked in the place where the vehicle was parked. At that time, the Plaintiff’s vehicle was discovered that the vehicle was immediately behind the vehicle and immediately walked, but there was an accident that contacts the backer of the Plaintiff’s driver’s seat and the front part of the Defendant’s seat on the front side of the vehicle.

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

In relation to the instant accident, the Plaintiff paid KRW 870,370, and KRW 426,260 to G and H, who are the passengers of the Defendant vehicle, with the insurance proceeds of personal injury security, and KRW 625,400 as the insurance proceeds of personal injury security to C, who are the driver of the Plaintiff vehicle, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 7, Eul evidence 1 to 3 (including each number in the case of additional evidence) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is that the place of the accident in this case is anticipated to have a vehicle protruding at any time due to the vehicle intended to park and the vehicle intended to drive along, which is not a general road. The driver of the defendant vehicle knew that the plaintiff's vehicle, before leaving the vehicle, runs toward the left side in the front of the defendant vehicle. Thus, the driver of the defendant vehicle, as the driver of the vehicle, is the plaintiff.