The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The judgment of the court of first instance is the purport of the claim and the appeal.

1. Basic facts

A. The Plaintiff is the insurer of C-U.D. (hereinafter “Plaintiff”) and the Defendant is the insurer of E-U.D. (hereinafter “Defendant”).

B. Around August 24, 2019, the Defendant’s vehicle stopped on the road suitable for G convenience stores located in Eunpyeong-gu Seoul Metropolitan Government F on August 24, 2019, and was on board the Defendant’s vehicle’s steering assistant.

H In order to go to a G convenience store, an accident occurred that the Plaintiff’s vehicle, who was driving on the said road, was driven by the Defendant’s vehicle, and the Plaintiff’s vehicle, who was driving on the said road, was faced with H (hereinafter “instant accident”).

(c)

The Plaintiff paid KRW 3,00,000, which is the maximum amount of liability insurance, as insurance money to compensate for the H’s loss caused by the instant accident.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The instant accident occurred due to the negligence of neglecting or allowing H’s unauthorized crossing by neglecting his/her duty to urge the Defendant’s driver to stop the Defendant’s vehicle at a safe place, not the zone of illegal parking or stopping, and by neglecting his/her duty to urge the passengers not to obstruct the driving of the Plaintiff’s vehicle. As such, the Defendant’s driver and the Plaintiff’s driver are joint illegal offenders who jointly contributed to the occurrence of the H’s damage caused by the instant accident, and their liability ratio is 50%, respectively.

2) Since the Plaintiff paid KRW 3,00,000 insurance money to compensate for the damage of H, the Defendant, the insurer of the Defendant’s vehicle, was also jointly exempted, the Defendant is liable to pay the Plaintiff KRW 1,500,000, which is 50% of the above insurance money.

B. 1) First, as to the relation between the illegal stopping and the above stopping of the Defendant vehicle and the accident in this case, the fact that the Defendant vehicle stopped on the road adjacent to the G convenience store located in Eunpyeong-gu Seoul at the time of the accident in this case is as seen earlier, and the evidence Nos. 3 and 8 of this case are as follows.