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 has concluded each automobile insurance contract with respect to ANEW K5 vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On June 17, 2017, around 9:10, at the intersection where no signal lights, etc. is given near the Jeju Yancheon-gun, Chungcheongnamcheon-gun, the Plaintiff’s vehicle parked at the right edge of the lane where the vehicle was parked at the right edge of the lane of the Plaintiff’s vehicle when the Plaintiff’s vehicle left to the intersection from the Yancheon-gun to the intersection of the main apartment toward the median line from the Yancheon-gu to the center of the center of the center of natural childcare (hereinafter “the instant accident”). At the time, the Defendant’s vehicle parked at the right edge of the lane where the vehicle was running.

[The degree of medicine at the time of the accident shall be as shown in the attached Form (Evidence 1)].

By August 25, 2017, the Plaintiff paid KRW 10,232,910 as medical expenses for the driver of Oralba, etc.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, Gap evidence No. 4, Eul evidence No. 1 and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s vehicle was illegally parked on the one-lane road, and thus, caused the accident that caused the Plaintiff’s vehicle that was left left-hand turn to the left-hand left-hand turn to the center line. The Plaintiff’s vehicle did not escape from the center line and caused the accident that occurred due to concurrent tort between the Defendant’s vehicle’s illegal parking and the Plaintiff’s negligence, and it is reasonable to deem that the percentage of the Defendant’s vehicle’s fault is 40%. As such, the Defendant is obliged to pay the Plaintiff the amount of indemnity to the Plaintiff 4,093,160 won (=10,232,910 x 0.4 x 0.4) and damages for delay.

(2) The Plaintiff’s vehicle runs slowly before passing through the intersection without making a left turn at the center line of the road, in violation of the Road Traffic Act.