1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with A with respect to the B-owned vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into an automobile insurance contract with C on April 21, 2016 as to the D-owned vehicle (hereinafter “Defendant vehicle”).

B. On February 17, 2017, around 12:35, the Plaintiff’s vehicle entered the 172-lane Gijin-gu, Seoul Special Metropolitan City, Gojin-gu, Seoul Special Metropolitan City (hereinafter “instant accident”) in the course of entering the said 4-lane, where the front side of the Defendant’s vehicle, the front side of the Plaintiff’s vehicle, and the part of the lower part of the Plaintiff’s vehicle, which were double parking at the 4-lane, conflict (hereinafter “instant accident”).

C. On April 25, 2017, the Plaintiff paid KRW 412,700 to the insured, who suffered from the instant accident, with the repair cost, etc. of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4 (including additional numbers), Eul evidence 1, Gap evidence 2, 5, Eul evidence 3, the purport of the whole pleadings and arguments

2. Determination as to the cause of action

A. The summary of the instant claim is that the Defendant’s vehicle was parked in the 3,4-lanes of the instant accident site even though it complies with the stopping or parking method, time and prohibition under Article 34 of the Road Traffic Act, and that the instant accident occurred by having contacted the Plaintiff’s vehicle in the process of starting thereafter. Since the instant accident contributed to 80% by the negligence of the Defendant’s vehicle, the Defendant, the insurer of the Defendant’s vehicle, is liable to compensate for 80% of the damages caused by the instant accident.

Since the Plaintiff paid the repair cost of KRW 412,70 due to the instant accident to A, the Defendant is obligated to pay the Plaintiff KRW 330,160 (=412,700 x 80%) and delay damages pursuant to Article 682 of the Commercial Act.

B. We examine the following circumstances, which are acknowledged by the overall purport of the video and pleading in the evidence No. 3, and ① Defendant Vehicle is 3 and 3 at the location of the instant accident.