1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. On July 15, 2018, around 14:10, at the entrance of an underground parking lot located in front of the Yeonsu-gu Incheon, Yeonsu-gu, Incheon, Incheon, there was an accident shocking with the Defendant’s vehicle, who was on the ground from the underground to the underground level, while the Plaintiff’s vehicle was under the ground level. (hereinafter “instant accident”).

C. On July 30, 2018, the Plaintiff paid KRW 1,192,00 for the repair cost of the Plaintiff’s vehicle, excluding KRW 298,00,000, as the instant accident insurance money.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence Nos. 1 to 4, or the purport of whole pleadings

2. Determination

A. According to the evidence revealed prior to the determination of the negligence ratio, the entrance of the underground parking lot, which is the place where the instant accident occurred, is a slope leading to an entry into the center line, the driver of the Defendant vehicle was going to the center line from the underground surface to the left side of the vehicle, and the warning, etc. was given on the entrance of the underground parking lot due to the moving of the Defendant vehicle, and the driver of the vehicle at that time immediately left the entrance of the underground parking lot on the road without any action such as temporary suspension or slowing, etc., even though the warning, etc. was sounding, the driver of the vehicle at that time immediately left the entrance of the underground parking lot. In this case, the driver of the Plaintiff vehicle was entering the central line due to the entry into the underground parking lot due to the turn-on of the vehicle, and the fact that the front-hand part of the Plaintiff vehicle and the front-hand part of the front-hand part of the Defendant vehicle at the entrance is shocked.

The defendant's vehicle is rapidly going to the ground from the underground to the lower end.