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

The purport of the claim and appeal is the purport of the appeal.

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

B. On March 8, 2019, around 14:53, the Plaintiff’s vehicle moved along a two-lane in front of the building in Yasan City, the two-lane was moving to a three-lane, and the Defendant’s vehicle driving behind the two-lane was moving to the left side of the Plaintiff’s vehicle (the first-lane direction), but there was an accident that conflicts between the fences on the left side of the Plaintiff’s vehicle and the rear side of the right side of the Defendant’s vehicle.

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

The Plaintiff paid KRW 488,094 as insurance money, excluding KRW 200,000,000, out of the 688,094, the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 3, and the purport of the whole pleadings

2. 원고의 주장 이 사건 사고가 발생한 도로에 이미 차량들이 주차되어 있었고, 원고차량은 2차로로 진행하다가 비상등을 켠 채 후진하면서 3차로에 주차를 하려던 중이었으므로, 2차로를 후행하던 피고차량은 잠시 정차하거나 1차로로 피해가야 함에도 불구하고 1~2차선을 같이 밟고 주행하여 이 사건 사고가 발생하였는바, 피고차량에 80%의 과실이 있다.

Therefore, the Defendant, who is the insurer of the Defendant vehicle, is obligated to pay to the Plaintiff who acquired the right to claim damages by subrogation the amount equivalent to KRW 390,475 (=48,094 x 80% x less than KRW 80, and less than KRW 10).

3. Determination

A. The following circumstances revealed by the above facts acknowledged and the evidence revealed earlier, namely, the road where the instant accident occurred is a parking prohibition zone, and the vehicle should be driven safely by sufficiently examining whether the instant accident is a rear-down vehicle and traffic obstruction. The other vehicle is located on the first lane at the time of the instant accident.