1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

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

B. Around 09:00 on November 9, 2018, the Defendant’s vehicle stopped at a bus stop at the bus stop located on the five-lane road (hereinafter “instant road”) located on the five-lane road in the front E-do (hereinafter “instant road”), and was stopped rapidly in order to prevent a collision with the Plaintiff who entered the instant road in order to turn to the right from the fourth lane of the road to the right, and as a result, the Defendant’s vehicle sustained the injury of the passenger F who was on board the Defendant’s vehicle.

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

Until June 5, 2019, the Plaintiff paid F insurance proceeds of KRW 7,550,750 with the medical expenses and the amount agreed upon due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 2 and images, each fact inquiry result against the assistant chief of the first instance court's office of 1,00 won, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that: (a) the Plaintiff’s instant accident took place 60% of the negligence on the Plaintiff’s vehicle that was bypassed from a four-lane; and (b) without examining the main part of the accident.

It is reasonable to apply 40% negligence to the defendant's vehicle that is rapidly parked.

Therefore, the Defendant is obligated to pay to the Plaintiff the indemnity amount of KRW 3,020,300 (=7,550,750 x 40%) equivalent to the ratio of the fault of the Defendant’s vehicle among the above insurance proceeds of KRW 7,550,750 and delay damages.

B. The following circumstances, which can be acknowledged by comprehensively taking account of the evidence and the overall purport of the arguments as revealed prior to the above recognition of the error ratio, namely, ① the Defendant’s vehicle, in order for the Plaintiff’s vehicle driving in a four-lane way in the course of stopping at normal bus stops at the bus stops of the five-lane road of this case and starting slowly after completing passenger getting off and getting off the bus at the bus stops on the five-lane road of this case, to pass ahead the Defendant vehicle.