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

Purport of claim and appeal

The first instance court.

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with B (hereinafter “Defendant”).

B. At around 17:10 on July 25, 2015, the Defendant’s vehicle, as a bifurgrator, stopped in the vicinity of the bus terminal in the fife-Seoul Metropolitan City, the Plaintiff’s vehicle, which was trying to drive in front of the Defendant’s vehicle, was driven by the Defendant’s vehicle at the end of the horse, resulting in an accident of harming the Defendant’s vehicle by shocking C crossing the road in front of the Defendant’s vehicle (hereinafter “instant accident”).

C. On August 5, 2015, the Plaintiff paid KRW 4,419,300 to C for agreed money and medical expenses, and KRW 349,620 to D Hospital on the 31st of the same month.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, or the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case occurred because the defendant's vehicle stops near the crosswalk, which is prohibited from parking or stopping, and obstructed the view of the plaintiff's vehicle, and the victim, who is a passenger, knew the situation of crossing the vehicle without permission and did not take any protective measures.

On the contrary, the Defendant alleged to the effect that there is no proximate causal relation with the occurrence of the instant accident even if the Defendant’s vehicle was at fault stopping in the vicinity of the crosswalk.

B. The judgment is based on the following circumstances, even if the Defendant’s vehicle stops near the crosswalk and obstructs the view of the Plaintiff’s vehicle, and the negligence, etc. was acknowledged in the zone where the stopping of the vehicle is prohibited, the Defendant’s vehicle shall be passengers, i.e., the following circumstances acknowledged by the evidence and the purport of the entire pleadings.