The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1. Purport of the claim.

1. Basic facts

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

B. On November 30, 2019, around 08:44, the Plaintiff’s vehicle was leaving the front of the Defendant’s vehicle, which was stopped in front of the road in the front of the luminous-dong parking lot, in light of light.

However, while the Defendant, who was stopped, was moving back, the front part of the Plaintiff’s driver’s seat was shocked by the front part of the Defendant’s driver’s seat.

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

From January 10, 202 to January 14, 2020, the Plaintiff paid KRW 2,662,40,00 as insurance money, subtracting KRW 500,00 of the repair cost of the Plaintiff’s vehicle from KRW 3,162,40 due to the instant accident.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, Eul evidence Nos. 1 through 3 and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. At the time of the instant accident, while the Plaintiff’s vehicle was leaving the right side of the Defendant’s vehicle, the Defendant’s vehicle is moving back to the right side of the Plaintiff’s own vehicle, and the Plaintiff’s vehicle was shocked to the side of the Plaintiff’s vehicle, and thus, it was impossible to avoid the accident.

Therefore, since the accident of this case occurred due to the total negligence of defendant vehicle, the defendant is obligated to claim the insurance money paid by the plaintiff to the plaintiff.

나. 피고 이 사건 사고 당시 피고 차량이 후진등을 켠 상태에서 저속으로 후진하였는바, 원고 차량으로서도 이를 예상하고 감속하거나 정지할 수 있었음에도 그러하지 않은 채 피고 차량을 추월하여 진행함으로써 이 사건 사고가 발생한 것이므로, 이 사건 사고는 원고 차량과 피고 차량의 과실이 경합하여 발생하였고, 이 사건 사고에 기여한 원고 차량의 과실은 20%...