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 C Vehicle (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. On September 10, 2017, around 17:19, the Plaintiff’s vehicle was withdrawn from the parking space of the third floor underground of the F department store underground parking lot (hereinafter “instant underground parking lot”) of the F department store building located in Seongbuk-gu, Sungnam-si (hereinafter “instant underground parking lot”), and the Plaintiff’s accident, such as the attached site map, led to an accident where the front part of the left side part of the Defendant’s vehicle and the front part of the right side of the Plaintiff’s vehicle, who was in the direction of the entrance of the third floor underground of the above underground parking lot,

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

On November 10, 2017, the Plaintiff paid KRW 7,013,000 as the repair cost of the Plaintiff’s vehicle in accordance with the said comprehensive automobile insurance contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 6, Eul evidence Nos. 1 through 5 and the purport of the whole pleadings

2. The parties' assertion

A. The main point of the Plaintiff’s assertion is that the place of the instant accident is subject to an entry prohibition indication on the ceiling. The instant accident occurred as the Defendant’s vehicle runs away at a rapid speed attached to the left-hand side of the third floor underground of the instant underground parking lot in violation of it, and thus, the fault ratio between the Plaintiff’s vehicle and the Defendant’s vehicle regarding the instant accident is 20%: 80%.

Since the Plaintiff acquired by subrogation the right to claim damages against the Defendant by the Plaintiff’s driver pursuant to the main sentence of Article 682(1) of the Commercial Act, the Defendant is obligated to pay to the Plaintiff KRW 5,610,400 (=insurance amount of KRW 7,013,00 x Defendant’s fault ratio of KRW 80%) and delay damages.

B. The main point of the Defendant’s assertion is that the instant accident occurred due to a sudden departure from the parking section by the Plaintiff’s vehicle from the parking zone, leading to the Defendant’s shocking of the third floor above the instant underground parking lot.