1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to CD car, EK7 car, FG car, and HI car (hereinafter “Plaintiff’s vehicle”). The Defendant is the insurer who has entered into the automobile insurance contract with respect to JK car (hereinafter “Defendant”).

B. On July 12, 2017, around 02:45, at the window of Changwon-si, a fire was destroyed by the Plaintiff’s respective vehicles in the vicinity of the fire that occurred on the Defendant’s vehicle parked in the L Apartment Mdong Underground Parking Lot.

(hereinafter “instant fire”). C.

The Plaintiff paid insurance proceeds of KRW 795,220 on July 20, 2017, with respect to the KS-type car, KRW 11,280,00 on August 3, 2017, KRW 13,525,780 on the KS7-type car due to the repair cost, etc. due to the instant fire, etc., KRW 60,000 on July 28, 2017, KRW 20 on July 28, 2017, KRW 98,560 on July 28, 2017, KRW 13,525,780 on the SH-type car.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. The parties' assertion

A. Since the fire of this case occurred due to the defect of the defendant vehicle asserted by the plaintiff, the defendant is obligated to pay 13,525,780 won of the insurance money paid by the plaintiff due to the accident of this case, which was acquired by subrogation of the right to claim damages pursuant to Article 682 of the Commercial Act.

B. The Defendant’s assertion that the instant fire occurred while the Defendant’s vehicle was parked, not “accident that occurred during operation” as stipulated in the insurance contract, and as such, in the Defendant’s engine room, the area where the Defendant’s owner or driver could not control and manage, the Defendant’s vehicle owner or driver cannot be deemed to have fulfilled the duty to take protective measures required by social norms, and thus, the Defendant’s owner or driver is not liable to compensate for the damages therefrom.

3. Determination

A. First of all, the defendant automobile insurance clause.