1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. Occurrence of liability for damages;

A. The facts of recognition (1) The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to the automobile D (hereinafter “Defendant”).

(2) On August 17, 2018, around 16:40, the Plaintiff’s vehicle was rapidly scheduled to avoid the Defendant’s vehicle entering a two-lane bypassing to the right side (hereinafter “instant accident”), and thereby, the Plaintiff’s vehicle sustained the injury by the F, who was on the back side of the Plaintiff’s vehicle.

(3) On September 20, 2018, the Plaintiff paid KRW 1,087,290 to F with medical expenses and the amount agreed upon.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

B. According to the above recognition of liability, the driver of the defendant vehicle has a duty to pay attention to avoid a collision with other vehicles at the time of entering the intersection, but the accident of this case where the plaintiff vehicle is parked by unduly bypassing the vehicle. Thus, the defendant is liable to compensate for the damage suffered by the plaintiff, unless there are special circumstances as the insurer of the defendant vehicle.

C. The following circumstances, which can be acknowledged by comprehensively taking account of the purport of the entire arguments on the above evidence, such as the limitation of liability, are the direct cause of the instant accident, namely, the entry of the Defendant’s vehicle to an unreasonable intersection after the rightion of the vehicle, and the instant accident appears to be insignificant because the Plaintiff’s vehicle and the Defendant’s vehicle do not directly conflict with each other, and the instant accident was caused by the negligence of the Plaintiff’s vehicle and the Defendant’s vehicle in light of the background of the accident

As such, the defendant's scope of responsibility is limited to 80%.

2. Scope of liability for damages

A. The Plaintiff’s claim for property damage is against the FF’s Defendant in accordance with the subrogation doctrine.