1. The part against the defendant in the judgment of the court of first instance against the plaintiff ordering payment below shall be revoked.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the co-defendant A of the first instance trial is an insurer who owns and drives a D vehicle (hereinafter “victim”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to the E vehicle (hereinafter “Defendant”).

나. 피해 차량이 2010. 12. 25. 18:10경 구리시 교문동 소재 한양대 구리병원 부근 교차로에서 편도 2차로 중 1차로를 신호에 따라 직진하다가 진행 방향 왼쪽에 있던 골목길에서 위 도로의 1차로 쪽으로 좌회전을 하며 들어오던 원고 차량을 뒤늦게 발견하고 이를 피하기 위해 핸들을 급히 우측으로 조향하였으나, 마침 2차로 위에 주차되어 있던 피고 차량의 왼쪽 뒷부분을 피해 차량의 앞부분으로 충돌하였고, 그 충격으로 피고 차량이 대각선 방향으로 튕겨져 나가 중앙선 너머 반대 방향에서 직진하던 로체 승용차와 충돌하는 사고(이하 ‘이 사건 사고’라 한다)가 발생하였다.

In the instant accident, A and F who was accompanied by the driver of the vehicle affected by the instant accident was injured.

C. By October 26, 201, the Plaintiff paid for A total of KRW 15,692,420, including medical expenses of KRW 5,892,420 and 9,800,000, and the agreed amount of KRW 15,692,420. For F, the Plaintiff paid KRW 34,026,690 for medical expenses of KRW 34,026,690 until November 27, 2013, and KRW 89,026,690 for damages of KRW 55,00,000, which was claimed from the Hyundai Marine Fire Insurance Co., Ltd., a liability insurer of A, but subsequently deducted KRW 8,70,00 for damages of KRW 80,326,690.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 4 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. The main point of the Plaintiff’s assertion was that the Defendant’s vehicle was illegally parked near the intersection at night, and such negligence is the occurrence and damage of the instant accident.