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. The reasons for the court's explanation of this case are as follows. The reasons for the court's explanation of this case are added to the argument added in the court of first instance, and it is identical to the corresponding part of the court of first instance in addition to the statement of "the ratio of "the ratio of "the ratio of "the ratio of "the ratio of "the ratio of "the 3rd" in the court of first instance" in the following. Thus, it is acceptable in accordance with the main sentence

2. A part used for an additional judgment or dismissal;

A. The Defendant asserts that the instant accident was not caused by the operation of the Defendant’s vehicle, and that there was no causal relationship between the stopping of the Defendant’s vehicle and the instant traffic accident.

The term "operation" under Article 2 subparagraph 2 of the Guarantee of Automobile Accident Compensation Act means the use of a motor vehicle according to the usage of the device concerned regardless of whether a person or article is transported. The use of a motor vehicle according to the usage of the device concerned refers to the use of various devices installed according to the purpose of the device according to the purpose of the vehicle. Thus, even if a motor vehicle is not in the state of driving, it is reasonable to view that it falls under the operation of the motor vehicle illegally on the road, etc. in preparation for the following operation as the front and rear stage of the motor vehicle.

In addition, the instant accident is also in a situation in which the driver of the Defendant’s vehicle illegally parked the vehicle in the crosswalk, which is a zone subject to prohibition of parking and stopping, and thus, the vehicle driving in the same direction as the Plaintiff’s vehicle cannot be easily identified as to whether there is a person crossinging the front side of the Defendant’s vehicle due to the Defendant’s vehicle, and pedestrians, such as the victim, are in a situation in which it is impossible to grasp the operation situation of the vehicle on the crosswalk due to the Defendant’s vehicle, so the illegal parking in the Defendant’s crosswalk itself constitutes the cause of the instant accident.