1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is the insurer of the B-Motor vehicle driven by A (hereinafter “Plaintiff”), and the Defendant is the insurer of the D-motor vehicle driven by C (hereinafter “Defendant vehicle”).

B. On June 2, 2015, at around 11:55, the Plaintiff’s vehicle entered the apartment complex in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu’s apartment complex by moving to the street above 512, and found the victim F who was walking on the left-hand side and did not take the brake measures, and, as a result, continued to proceed, led the victim to the left-hand side of the Defendant’s vehicle parked and the left-hand side of the Plaintiff’s vehicle, and as a result, caused the death of the victim.

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

The location of the instant accident is a side road in a residential densely-populated area and there is no central line and no roadway, and there is no distinction between the sidewalk and the roadway, and there is no designated as a parking and stopping-prohibited area under the Road Traffic Act, and related authorities did not take any administrative measures against the Defendant vehicle.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 to 5 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that “the instant accident is an accident caused by concurrent parking between the Plaintiff’s driver’s negligence and the Defendant’s negligence, and thus, the Defendant shall pay to the Plaintiff the amount equivalent to the Defendant’s negligence out of the insurance money paid to the Plaintiff on the part of the victim.”

B. The following circumstances, which are acknowledged by the facts of the above recognition and the purport of the entire pleadings, namely, ① the instant accident occurred due to gross negligence that the Plaintiff’s driver follows the brake system; ② the place where the Defendant’s vehicle was parked at the time of the instant accident was not designated as a parking prohibition area; ③ the side road inside an apartment complex is used as a substitute for the insufficient parking space for visitors.