1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

1. Basic facts

A. With respect to the Plaintiff A vehicle (hereinafter “Plaintiff”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to the Defendant B vehicle (hereinafter “Defendant vehicle”).

B. On March 15, 2016, around 15:15:15, at the one-lane Do (hereinafter “instant road”), the part on the rear side of the Defendant’s vehicle that was driven along the instant road along the said road and the accident involving the following parts of the Plaintiff’s vehicle that entered the said road, located in the D restaurant parking lot located in the direction of the Defendant’s running of the instant road (hereinafter “instant accident”).

C. At the time, the instant road in the direction of the Defendant’s vehicle was parked in front of the entrance of the said parking lot, and the instant accident occurred while the Defendant’s vehicle was at the center of the instant road in order to avoid the foregoing parked vehicle.

On March 14, 2016, the Plaintiff paid insurance proceeds of KRW 800,000,000 in total, including KRW 100,000 and KRW 700,000 on February 23, 2017, under the name of the repair cost for Plaintiff’s vehicle.

[Reasons for Recognition] Uncontentious Facts, Gap's statements and images, and the purport of the whole pleadings

2. Determination

A. If the Plaintiff’s assertion that the driver of the Defendant’s vehicle runs beyond the median line and finds any factor impeding the direction of the proceeding, the driver of the Defendant’s vehicle is negligent in proceeding at a rapid speed, even though the speed of proceeding is reduced or temporarily suspended.

Therefore, since the fault ratio of the Defendant’s driver on the occurrence of the instant accident is at least 80%, the Defendant is obligated to pay the Plaintiff the amount stated in the purport of the claim.

B. The following circumstances revealed in addition to the purport of the entire pleadings, namely, the part on the right side of the Defendant’s vehicle at the time of the instant accident, and the part on the back of the Plaintiff’s vehicle, are faced with each other, and such original Defendant.