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 concluded an automobile insurance contract with the D vehicle owned by C (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with the E vehicle (hereinafter “Defendant vehicle”).

B. On June 7, 2017, around 05:40, the Plaintiff’s vehicle driven along the third line national highway near the Cheongdodo branch near the Cheongdodo branch in the Cheongcheon-si, Cheongcheon-si, Cheongdo-si, which caused an accident where the Plaintiff’s vehicle was damaged by shocking the Defendant’s vehicle, which was parked on the right side of the road, and turned out into the central separation zone, and the vehicle was driven by the driver of the Plaintiff’s vehicle and the passenger G (hereinafter “instant accident”).

C. The Plaintiff paid KRW 10,900,000, totaling KRW 1,186,900, and the repair cost of the Plaintiff’s vehicle due to the instant accident, including KRW 9,720,00.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred by the negligence of the Plaintiff’s vehicle and the Defendant’s vehicle stopping illegally in violation of the duty of care to drive safely by checking the movement of the vehicle passing on the front side and the right side while driving the vehicle. It is reasonable to view that the ratio of liability of the Defendant vehicle is 20%. Thus, the Defendant, the insurer of the instant accident, is obliged to pay to the Plaintiff 2,181,380 won (=10,906,900 x 20%) and delay damages.

B. In the event that an accident of collision, etc. occurs due to the cause of the Defendant’s vehicle, which is being illegally parked while the Plaintiff’s vehicle is driving on the road, it may be deemed that the negligence of illegal parking caused the accident. However, the background of the accident revealed in the above recognition, the conflict, and shock.