1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

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

B. On November 23, 2016, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle on a four-lane road in front of the entrance of the treatment apartment, namely, moving the Plaintiff’s vehicle into a treatment apartment zone located on the right side while driving the four-lane road in front of the entrance of the treatment apartment. Since the Defendant’s vehicle was at the end of the four-lane and stopped, the Defendant’s vehicle passed through the three-lane and turned the Defendant’s vehicle into the entrance of the treatment apartment, while leaving the vehicle bypassing it into the entrance of the treatment apartment, the Defendant’s own departure of the part of the front part of the Defendant’s vehicle.

(hereinafter referred to as “instant accident”). C.

On March 2, 2017, the Plaintiff paid KRW 373,600,00 in total, including KRW 293,300, and KRW 80,300 in D’s car service due to the instant accident.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 4, Gap evidence Nos. 2, 3, 6, Eul evidence Nos. 5 through 7, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The main point of the party’s assertion (i) the instant accident is that the Plaintiff’s vehicle was at the entrance of the treatment apartment, avoiding the Defendant’s vehicle where the Plaintiff’s vehicle was illegally stopped, and the Defendant’s vehicle was due to the sudden departure, and the Plaintiff’s driver was not able to predict the sudden departure of the Defendant’s vehicle.

Therefore, since the instant accident occurred due to the unilateral negligence of the driver of the Defendant vehicle, the driver of the Defendant vehicle is responsible for compensating the insured of the Plaintiff vehicle for damages caused by the instant accident, and the Plaintiff pays the insurance money of KRW 373,600 to the insured, etc. due to the repair cost of the Plaintiff vehicle caused by the instant accident, thereby subrogated by the insurer under Article 682 of