1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts recognized;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with the Plaintiff Company.

B. Around March 26, 2014, an employee of the non-party company B, who was an employee of the non-party company, parked the Plaintiff’s vehicle in the vicinity of the city museum in the side road. Around 21:20 on the same day, the Defendant, who driven the Defendant’s vehicle and passed the above road, has conflicting the front side of the Plaintiff’s vehicle with the front side of the vehicle (hereinafter “instant traffic accident”), and the Defendant sustained the injury.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The parties' assertion

A. The Plaintiff asserts that the instant traffic accident was caused by the Defendant’s unilateral negligence, and thus, the Plaintiff is not liable for compensating the Defendant for damages arising from the instant traffic accident, and sought confirmation of the existence of the obligation.

B. As to this, the defendant asserts that there was negligence on the part of the plaintiff, since the illegal parking of the plaintiff's vehicle obstructs the passage of the defendant's vehicle, and the traffic accident of this case occurred.

3. In the judgment, the road in which the instant traffic accident occurred is one-lane road, with a yellow display line indicating that parking is prohibited (see attached Table 6.2.5 of the Enforcement Rule of the Road Traffic Act). The instant traffic accident occurred at night, and the fact that the tail lights and sidelights were not turned on on the Plaintiff’s vehicle at the time of night is not disputed between the parties or can be acknowledged in full view of the purport of the entire pleadings.

According to the above facts, there is room to see that the defendant violated the duty of front-time care, but illegal parking on the road at night is detrimental to traffic, and the risk of the occurrence of an accident that can see other vehicles that do not see the vehicle, and the B does not take any measures to prevent drilling at night.