1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with respect to D vehicles (hereinafter “Defendant”).

B. On June 7, 2017, around 15:36, there was an accident in which the Defendant, who attempted to park as a front vehicle at the parking lot of the F Hospital in Yeongdeungpo-gu E-gu, Suwon-si, and the Plaintiff, who is a rear-way vehicle, had contacted the front vehicle.

At the time of the contact accident, the defendant vehicle stopped and tried to go slowly, and the contact point is the right part of the front part of the defendant vehicle and the left part of the front part of the plaintiff vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, and 6, and the purport of the whole pleadings

2. The plaintiff asserts that the contact accident occurred due to the negligence of the driver of the defendant vehicle, who is the preceding vehicle, because the driver of the previous vehicle caused an accident that contacts the defendant vehicle in the parked vehicle while attempting to park a sudden parking.

In full view of the location, speed, and contact level of the original and the Defendant vehicle at the time of the above contact accident recognized by the above recognition fact and the above evidence (in particular, evidence No. 6 of the above contact, the driver of the Plaintiff vehicle, who is the previous vehicle, tried to drive the vehicle by neglecting the duty of safe driving, is trying to drive the vehicle unfairly bypassing the Defendant vehicle without neglecting the duty of safe driving.

Therefore, since the above contact accident occurred due to the total negligence of the driver of the plaintiff's vehicle, the plaintiff's assertion that the above contact accident occurred due to the negligence of the driver of the defendant's vehicle is without merit.

3. Conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the court of first instance is justified with this conclusion, and the plaintiff's appeal is justified.