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

Purport of claim and appeal

1..

On July 17, 2018, at the time of the accident, the insured vehicle of the Plaintiff insured vehicle CD, at the time of the accident, paid KRW 5,360,000 to the insured of the Plaintiff’s vehicle on August 17, 2018, when the insured vehicle in the state of the collision of the F Burial parking lot located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul (hereinafter “Plaintiff vehicle”) entered the above F Burial parking lot, while the Defendant insured vehicle (hereinafter “Defendant vehicle”) entered the said F Parking lot, and moved the bicycle and the Plaintiff’s vehicle on the sidewalk’s front line with the news report in the form of a sudden top line, and was reported on August 17, 2018 (hereinafter “instant accident”), the Plaintiff paid KRW 5,360,000 for the repair cost to the insured of the Plaintiff vehicle on August 17, 2018 (based on recognition); the purport of the entire entries and arguments in subparagraphs 1 through 4,

2. Determination

A. The following circumstances revealed by the Plaintiff’s vehicle and the Defendant’s negligence ratio, the evidence mentioned above, and the purport of the entire pleadings, namely, ① the driver of any vehicle shall accurately operate the steering gear, brakes, and other devices, and shall not drive at such a speed or in such a manner as to endanger and interfere with others according to road traffic conditions and the structure and performance of the vehicle. The instant accident occurred when the Defendant entered the parking lot. ② The Defendant alleged that there was a proximate causal relation with the instant accident by the negligence of the Plaintiff’s vehicle on the sidewalk, and the negligence was 30%. However, it is difficult to expect the Plaintiff’s vehicle driving along the parking lot path in general, and Article 32 of the Road Traffic Act prohibits the vehicle from using the sidewalk in normal manner.