1. Of the judgment of the court of first instance, the part against the defendant ordering payment exceeding the amount acknowledged below shall be instituted.

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to A vehicles (hereinafter “Plaintiffs”). The Defendant is the owner of the 37th ground main building above the Dong-dong, Dongjak-gu, Seoul, and the said main building is installed with the mechanical parking facility for multi-story parking facilities (hereinafter “instant parking facility”).

B. The instant parking facility operation method of the instant parking facility, when the display, etc. on the elevator entrance is not a exhauster, open the entrance in a green state, through the open door opened by the user, after loading the elevator inside the elevator, inputs the vehicle number on the container of the operation team attached to the entrance, and then, the entrance is closed after the opening of the entrance, when the vehicle number is turned out on the container attached to the entrance, and the front of the entrance is turned out in red.

The entrance shall be opened, and the door shall be opened, and the door shall be opened, and the entrance shall be waiting for the next vehicle in its entirety, after the parking is completed and the door shall be closed in a green state, and the entrance shall not be opened even if the entrance is opened even if the above sign, etc. can only be released after the entrance is closed in a green state.

The operation team of the parking facility of this case is attached with the location to change the operation selection, and the usual place is automatically selected to be operated, and the above operation team is attached with the phrase “in the event of the use of the parking machine” stating the phrase “other than the designated parking machine manager, it is not operated.”

C. On January 4, 2016, B, around 12:33, 2016, the Plaintiff entered the elevator with two children on the rear seat of the Plaintiff’s vehicle, with a green sign, etc. on the entrance to park the Plaintiff’s vehicle in the instant parking facility while the entrance was opened. The Plaintiff entered the elevator with a green and an entrance. The Plaintiff’s vehicle inside the elevator loaded.