1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with the Plaintiff as the insured for A’s vehicle A (hereinafter “Plaintiff’s vehicle”), and the Defendant is a company operating the fixed sea gas station located in Dong-gu, Incheon Metropolitan City (hereinafter “instant gas station”).

B. Around 08:10 on July 20, 2014, the Plaintiff’s driver driven the Plaintiff’s vehicle, who oiled at the gas station in the instant case, and then was faced with C’s bicycle running along the right side of the gas station in the direction of the left side while entering the gas station and entering the road from the gas station to the road. Accordingly, C’s bicycle exceeds India, thereby causing an accident involving a bicycle driver’s injury, such as a balking, etc. (hereinafter “instant accident”).

C. The Plaintiff, the insurer of the Plaintiff’s vehicle, paid to C the sum of KRW 20,270,960,960, including the agreed amount of KRW 62,50,00,00 for damages incurred from the instant accident, and medical expenses.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 3 through 7 (including branch numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Defendant, the owner of the instant gas station, neglected his/her duty of care to safely enter the road by posting safety personnel to the access road of the instant gas station or installing a locker, etc., and the defect in the installation and management of the right fence due to the Defendant’s entry into the gas station of this case, which is the Defendant’s structure, contributed to the occurrence and expansion of the damage caused by the instant accident. Accordingly, the Defendant is liable to compensate for the damage incurred therefrom.

In light of the developments leading up to the occurrence of the instant accident, it is reasonable to view that the Defendant’s liability ratio with respect to the instant accident is 30%. Since the Plaintiff exempted the Defendant from liability by paying insurance proceeds to the victim C of the instant accident according to the insurance contract, the Defendant paid to the Plaintiff.