1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to AM5 vehicles (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has entered into an automobile insurance contract with respect to Bchip vehicle (hereinafter “Defendant vehicle”).

B. Around 07:00 on July 4, 2014, the Plaintiff’s vehicle was running away from the parking space column of the front parking lot of the 101 Western Apartment apartment 101, then it conflicts with the front portion of the Defendant’s vehicle’s left-hand side, where the passage of the fright parking lot was driven from the right-hand side of the Plaintiff’s vehicle to the left-hand side.

Plaintiff

A vehicle that was parked on the left side of the plaintiff's vehicle (hereinafter referred to as "victim's vehicle") due to its shock conflict with the vehicle that was parked on the left side of the plaintiff's vehicle, and as a result, the damaged vehicle was destroyed.

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

On July 28, 2014, the Plaintiff paid KRW 911,445 as the insurance money for the damaged vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, Gap evidence 2, 3 and 4, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The plaintiff's driver of the defendant vehicle could sufficiently anticipate that there are many vehicles running along the apartment parking zone in the morning time zone, and thus, in proceeding the passage of the parking lot, the driver of the defendant vehicle caused the accident of this case by negligence that led to a rapid speed on the left side of the passage by neglecting the duty of care to prevent the collision with the vehicle running slowly in the passage of the parking lot.

Therefore, the defendant is obligated to pay 911,445 won, which is equivalent to the insurance money, to the plaintiff who acquired the right to indemnity, and damages for delay.

B. Although the Defendant’s vehicle departing from the claimed parking zone had a duty of care to enter the passage of the parking lot, the Plaintiff’s vehicle is negligent, and the instant accident occurred due to the vehicle’s own departure.