1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to B digging machines (hereinafter “Defendant digging machines”).

B. At around 00:40 on October 26, 201, C driven the Plaintiff’s vehicle while under the influence of alcohol of 0.159%, and proceeded two-lanes of two-lane roads in accordance with the E frequency in Western-gu, Seoan-gu, Seoan-gu, Seoan, Seoan-gu, Seoan-si, the Ministry of Employment and Labor, as Samsung-section, from the shooting distance room in front of the Ministry of Employment and Labor.

At the time of night, it was difficult to see the front-time market and there was a vehicle parked on the side of the two-lane road in the front-way, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to take care of the front-way and prevent the accident by driving the motor vehicle.

Nevertheless, under the influence of alcohol, C received the rear part of Defendant C C’s excavation searcher parked on the two-lane side of the front side of the Plaintiff’s vehicle by negligence, while neglecting such duties, and accordingly, caused an accident that caused F, who was on board the Plaintiff’s vehicle, would have caused an injury, such as a f, to the right-hand boom, which requires treatment for about 14 weeks (hereinafter “instant accident”).

C. The road in which the instant accident occurred is set up a safety zone in the middle of the two-lanes from a straight line to a four-lane (e.g., two-lanes). At the time of the instant accident, the Defendant Chacker was parked in the two-lanes on the two-lanes between the two-lanes in the shape of the instant accident, and the U.S. and the vehicle width were not able to take place within 10 meters from the safety zone, and there was no particular traffic obstacle or road environmental accident in the location where the instant accident occurred.

By July 30, 2014, the Plaintiff paid F’s medical expenses and agreed amount of KRW 145,507,310 as insurance money.

[Ground of recognition] dispute.