1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The Plaintiff is a mutual aid business operator who entered into a motor vehicle mutual aid contract with respect to the Plaintiff’s vehicle A (hereinafter “Plaintiff’s vehicle”). The Defendant is an insurer who entered into a motor vehicle insurance contract with respect to the Defendant’s vehicle B (hereinafter “Defendant’s vehicle

B. On August 20, 2014, at around 00:05, the Plaintiff’s vehicle went into the intersection in the direction of the bus stop at the Kimpo-dong, Spo-dong, Spo-si, Kimpo-si, and entered the intersection. The Plaintiff’s vehicle (hereinafter “third-party vehicle”) having two-lanes in the direction of the progress of the vehicle entering the intersection, which was going into the public playground from the corporate bank to the public playground. The Plaintiff’s vehicle (hereinafter “third-party vehicle”) was shocked into the front part of the upper left part of the third vehicle’s left side (hereinafter “the first accident”), and the third vehicle reconvened the upper right side of the Defendant vehicle that was parked in front of the intersection, and reconcing the third vehicle into the right side part of the upper left side of the Defendant vehicle that was parked in front of the intersection.

(hereinafter referred to as “the second accident of this case”)

By April 7, 2016, the Plaintiff paid KRW 47,820,380,00 as insurance money, in total, for the treatment costs of third vehicle drivers and their passengers due to the instant accident.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2-1 to 5, each entry of evidence Nos. 4-1 to 7, and Gap evidence Nos. 2-2, 3-1 to 3, and 5, and the purport of the whole pleadings

2. The assertion and judgment

A. The second accident of this case by the plaintiff is caused by the negligence of the defendant vehicle driver who committed illegal spirits in an area where parking is prohibited, along with the negligence of the plaintiff vehicle driver and the third vehicle driver, and the causal relationship between the illegal parking of the defendant vehicle and the second accident of this case is acknowledged.

Therefore, the defendant's indemnity amounting to 20% of the negligence ratio of the driver of the defendant vehicle out of the insurance money paid by the plaintiff, 9,564,050 won and its amount.