1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff operating an insurance business is an insurer who has concluded an automobile insurance contract with respect to B vehicles (hereinafter “Plaintiff vehicles”) as insured by the development of the same industry as the Plaintiff Company.

B. On October 13, 2013, at around 21:38, the Defendant driven a vehicle C (hereinafter “Defendant vehicle”) with a blood alcohol concentration of 0.142% (hereinafter “Defendant vehicle”) and driven a two-lane of the two-lane road in the front side of the Sinsan-dong, Sinsan-dong, Sinsan-si, the front side of the Plaintiff vehicle, which was parked in the front side of the same direction prior to the same direction, was shocked by the front side of the Defendant vehicle.

(hereinafter “instant accident”). C.

The point where the accident in this case occurred was built as a road section of the straight line, street lamps were installed, the weather condition was clear, and there was no particular traffic obstacle or road environmental accident.

From December 13, 2013 to August 26, 2014, the Plaintiff paid KRW 2,833,660 in total to D Hospital, etc. as the Defendant’s medical expenses incurred from the instant accident.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 11, Eul evidence 1 (including each number in case of a tentative number) and images

2. The Plaintiff’s assertion was caused by the Defendant’s failure to perform his duty of care due to driving under the influence of alcohol, and the Plaintiff’s vehicle driver was not negligent.

Even if the plaintiff's vehicle was parked on the road, there is no proximate causal relation with the accident of this case. Thus, the plaintiff, the insurer of the plaintiff's vehicle, is not liable for the damage suffered by the defendant due to the accident of this case.

Therefore, the defendant is obligated to return KRW 2,833,660 paid by the plaintiff to the plaintiff as medical expenses.

3. Determination

A. According to the facts seen earlier, the Defendant was unable to properly breathly do so under the influence of alcohol.