1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above revoked part is revoked.

1. Basic facts

A. Around 13:30 on April 17, 2019, C driven a D vehicle (hereinafter referred to as “Plaintiff-motor vehicle”) and driven an access road to an underground parking lot, and caused an accident where the left side of the vehicle is facing another side of the vehicle with the G vehicle driving on the same side as the access road facing F (hereinafter referred to as “Defendant-motor vehicle”).

(hereinafter “instant accident”). (b)

As an insurer who entered into an automobile insurance contract with C with respect to the Plaintiff’s vehicle, the Plaintiff paid KRW 7,079,000, which remains after subtracting KRW 500,000 of the Plaintiff’s automobile repair cost from KRW 7,579,000.

C. The defendant is an insurer who has entered into an automobile insurance contract for the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap 5, Gap 7 to Gap 9, Eul evidence 1 to Eul 7 (the evidence with provisional number includes numbers) and the purpose of the whole pleadings.

2. Assertion and determination

A. The Plaintiff’s assertion is an accident that occurred by F with the median line.

As the Plaintiff paid damages incurred to the Plaintiff’s vehicle due to the instant accident, the Plaintiff acquired C’s claim for damages pursuant to Article 682 of the Commercial Act to the Defendant who entered into an automobile insurance contract with respect to the Defendant vehicle.

The defendant is obligated to pay the plaintiff KRW 7,079,000 with the indemnity amount.

B. In light of the following circumstances, it is recognized that the instant accident occurred due to the total negligence of C in light of the evidence invoked in paragraph (1) of the judgment.

The plaintiff's claim based on the premise that F contributed to the occurrence of the accident or the expansion of damage of this case by negligence is without merit, even if not judged further.

1. As seen below, F had an access road without exceeding the central line, but C had almost almost all of the part of the Plaintiff’s vehicle infringed upon the central line to the extent that it exceeded the central line. Therefore, the instant accident occurred.