1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive movable insurance contract with Nonparty D Co., Ltd. directly operated E gas station (hereinafter “instant gas station”) on the basis of the instant automatic gas vehicle in the gas station as the subject matter of insurance, and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to Fenz vehicles (hereinafter “Defendant”).

B. Around 10:00 on April 30, 2016, the Defendant’s vehicle was passing through the instant detailed tunnel for the following vehicles, and accordingly, the instant detailed accident occurred (hereinafter “instant accident”).

C. At the time of the instant accident, the Defendant’s driver stated that, as soon as the speed of the third strawer of the instant vehicle was fast, the Defendant’s driver was softened, followed the Defendant’s Brick boom. D.

On June 21, 2018, the Plaintiff paid KRW 5,000,000 as the repair cost of the instant detailed period destroyed by the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 9, 13, and the purport of the whole pleadings

2. Determination as to the cause of action

A. In light of the following circumstances, in light of the overall purport of each film and pleading evidence Nos. 9 and 13 as to the occurrence of the right to indemnity, it is reasonable to view that the cause of the instant accident was not caused by the malfunction operation of the instant tea or the lack of management of the detailed devices on the side of the gas station of the instant gas station, but by the Defendant vehicle driver’s wrong manipulation of the brac pedal, the vehicle was driven by the power of the Fluser in the future. Therefore, the Defendant vehicle driver is liable to compensate for the damages incurred to the instant tea.

(1) A tunnel-type automatic washing vehicle shall enter the entrance and fixed location of the detailed-term vehicle, display hand signals and strings, and neutral terms shall be situated.