1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2...

1. Facts of recognition;

A. On November 22, 2014, while the vehicle A (hereinafter referred to as the “Defendant Vehicle”) is proceeding along the two lanes of the two lanes of the two lanes of the two lanes of the C store located in Ulsan-gu, Ulsan-gu, Seoul-do, the two lanes of the two lanes of the above Road D (hereinafter referred to as the “Plaintiff”) were received from the latter part of the vehicle illegally parked on the two lanes of the said Road, and due to the shock of the Plaintiff’s vehicle, the vehicle was pushed off in the front of the Plaintiff’s vehicle while the vehicle was pushed off, and the occurrence of an accident (hereinafter referred to as the “instant accident”).

B. The Defendant Company, which entered into a comprehensive automobile insurance contract with respect to the Defendant vehicle, paid total of KRW 653,139,880 for the medical expenses of E due to the instant accident, and filed a claim for deliberation on a dispute over liability for automobile insurance against the Plaintiff Company that entered into the comprehensive automobile insurance contract with respect to the Plaintiff vehicle.

C. Accordingly, the indemnity fee deliberation committee deemed the negligence ratio of the Plaintiff’s vehicle in an illegal parking as 10%, and decided to pay KRW 65,313,98 to the Defendant with the indemnity fee. On December 13, 2016, the Plaintiff first paid KRW 65,263,90 to the Defendant on December 21, 2016 following the deliberation and resolution above, and filed the instant lawsuit on December 21, 2016.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 9 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The summary of the Plaintiff’s assertion is solely based on the negligence of the Defendant’s driver, and there is no causal relationship between the illegal parking of the Plaintiff’s vehicle and the instant accident. Therefore, the Defendant is obligated to return KRW 65,313,980, which the Plaintiff first paid to the Plaintiff according to the decision of the indemnity deliberation committee, and damages for delay thereof, to the Plaintiff.

B. The main point of the Defendant’s assertion was that the instant accident caused illegal parking of the Plaintiff’s vehicle, and the fault ratio of the Plaintiff’s vehicle is at least 30%.