1. The plaintiff's claim is dismissed.

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

1. On September 5, 2014, at around 17:45, A parked the Defendant’s insured vehicle (Drum, driver A, and hereinafter “Defendant’s vehicle”) at the front of the Cratty point located in Chungcheongnam-gun, Chungcheongbuk-gun, and did not properly look at the surrounding circumstances, and by negligence, caused the driver’s seat door to go beyond the road by leaving the Defendant’s driver’s seat on the front of the Cratulation, which was bypassing the right side of the Defendant’s vehicle on the front of the Cratulation.

The driver H of the Plaintiff’s insured vehicle (G, driver H, hereinafter referred to as “Plaintiff’s vehicle”) led to the death of E at around 19:20 on the same day.

The defendant filed a request for deliberation with the committee for deliberation on indemnity and received a decision that 30% of the negligence on the plaintiff's vehicle, and the plaintiff first paid 35,573,730 won from the plaintiff.

H was indicted as a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Cheongju District Court for the above station accidents.

청주지방법원 충주지원은 (1) H이 제한속도를 위반한 바 없다는 점, (2) H이 신호를 준수하면서 운전하고 있었던 점, 제한속도를 7~8km 위반하였던 점, E이 차문에 부딪혀 튕겨 나온 시점이 순식간이었던 점, (3) H이 안전거리 유지의무를 위반 없다는 점 등에서, H에게 주의의무 위반이 없다고 보아 무죄를 선고하였고(청주지방법원 충주지원에서 2015. 8. 13. 선고 2014고단593 판결), 검사가 항소하였으나 항소기각되었다

(Cheongju District Court Decision 2015No966 Decided April 15, 2016). On the premise that the Plaintiff’s negligence on the Plaintiff’s driver H, the Plaintiff paid the amount to the Defendant according to the result of deliberation by the committee for deliberation on indemnity payment, and accordingly, the Plaintiff filed the instant lawsuit claiming the return of the paid amount.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, and Eul evidence 1 to 5, respectively;