The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is subject to Paragraph (1).

1. Basic facts

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

B. At around 15:10 on January 10, 2018, the Defendant vehicle: (a) obstructed the Plaintiff’s vehicle in the Dobong-gu Seoul Dobong-gu Seoul Metropolitan Government parking lot in front of the entrance of the parking lot entrance and underground parking lot, and tried to drive to the underground parking lot by overtaking the Plaintiff’s vehicle; (b) but did not discover that the Plaintiff’s vehicle did not start to the right-hand side of the Defendant vehicle without discovering the Plaintiff’s vehicle from driving to the right-hand side of the front part of the Defendant vehicle.

(hereinafter “instant accident”). C.

By November 27, 2018, the Plaintiff paid KRW 568,690, including medical expenses of KRW 290,690 and 278,000, to Nonparty E, the driver of the Plaintiff’s vehicle, at the time of the instant accident (i.e., KRW 290,690), and KRW 65,300, including medical expenses of KRW 65,300 and agreed amount of KRW 174,00, to Nonparty E, the child of the Plaintiff, who was on the Plaintiff’s vehicle, and KRW 239,300, respectively.

On the other hand, the fault ratio of the plaintiff's vehicle and the defendant's vehicle was 70:30 in the committee of deliberation on indemnity in relation to the insurance money paid by the plaintiff to the damage incurred to the plaintiff's vehicle itself due to the accident in this case

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination

가. 과실비율 앞서 든 증거들에 의해 인정되는 다음과 같은 사정들, 즉 ① 이 사건 사고 당시 원고 차량은 구청의 지상주차장에서 피고 차량에 앞서 진행하다가 비상등을 켠 채로 주차장 출구 및 지하주차장 입구에서 정차한 점, ② 피고 차량은 원고 차량이 비상등을 켠 채로 정차하자 원고 차량을 추월하기 위해 원고 차량의 우측...