1. Of the judgment of the first instance, the Plaintiff’s KRW 2,626,736 as well as the Plaintiff’s annual period from August 2, 2018 to June 24, 2020.

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with C as to D vehicles (hereinafter “Plaintiff vehicle”), and the Defendant is a stock company that runs the construction business.

B. Around June 4, 2018, the Plaintiff’s vehicle was parked in the said C’s home-based parking lot located in Gangseo-gu Seoul Metropolitan Government E, but was involved in an accident that was inflicted on the Plaintiff’s vehicle due to the scattering of foreign substances, such as paint, etc.

(hereinafter “instant damage”). C.

On July 31, 2018, the Plaintiff paid KRW 3,283,420 as the repair cost of the Plaintiff’s vehicle on the basis of the said comprehensive automobile insurance contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 8, video, purport of whole pleadings

2. The parties' assertion

A. While the Plaintiff Defendant’s work performed painting at the construction site, foreign substances, such as paint, were scattered, causing the instant damage, and the Plaintiff paid the instant insurance proceeds as the insurer. As such, the Defendant, as the insurer of the Plaintiff’s vehicle, is liable to pay the instant insurance proceeds and the damages for delay thereof to the Plaintiff who subrogated the victim.

B. On June 4, 2018, the Defendant sent gate to the construction site of the instant damage site. At the time, the Plaintiff’s vehicle was not parked in the instant damage site.

3. The following circumstances, which are acknowledged by adding the overall purport of the pleadings to the statements and images of Gap evidence Nos. 1 to 3, namely, the fact that the plaintiff vehicle was parked in the parking space immediately next to the defendant's construction site, the cause of damage to the plaintiff vehicle appears to be a paint, a foreign substance, etc., and there is no special circumstance to deem that the aforementioned foreign substance occurred outside the defendant's construction site, and as to other vehicles damaged by the same accident, the lawsuit for indemnity is filed and the judgment becomes final and conclusive (this Court Decision 2018Da260297).