2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

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

B. On February 12, 2017, around 16:09, the Plaintiff’s vehicle was getting off to the second underground floor parking lot according to the roads connecting the first underground floor and the second underground floor parking lot of the Hanwon Children’s Library located in Seongdong-gu, Sungnam-gu, Sungnam-gu. However, the Defendant’s vehicle, while entering the said road to go up to the first underground floor from the second underground parking lot, was shocking on the front right side of the Plaintiff vehicle to the front side of the Plaintiff’s vehicle while entering the said road.

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

On July 19, 2017, the Plaintiff paid KRW 236,250 as insurance money for the repair cost of Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4 (including branch numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion that the instant accident occurred entirely due to the negligence of the Defendant’s vehicle, since the Defendant’s assertion that the instant accident occurred because the Defendant’s vehicle invadedd the lane on which the Plaintiff’s vehicle was driving at the time of the instant accident.

(2) The Defendant’s assertion that the Plaintiff’s vehicle was trying to make a large-scale round of the two-story parking lots at the time of the instant accident, and neglected the duty of front-time watch and the duty of safe driving, and thus, the negligence of the Plaintiff’s vehicle should be reflected.

B. Examining the following facts and circumstances acknowledged by the aforementioned facts and the overall purport of the arguments, namely, the video and photographs at the time of the instant accident, the Defendant’s vehicle has considerably invadedd the Plaintiff’s running lane to the extent that it can be deemed that the instant accident occurred at the time, and the Plaintiff’s vehicle on the first floor from the underground level at the time of the instant accident.