1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who entered into an agreement with B on the comprehensive motor vehicle insurance with respect to the vehicle C owned by it (hereinafter “Plaintiff”).

B. B around September 27, 2015, around the 33rd parking zone of the Nam-gu Incheon Metropolitan City (hereinafter “instant parking zone”), the Plaintiff’s vehicle was placed double parking along the passage in front of the parking zone (hereinafter “instant parking zone”). On September 27, 2015, B installed the brake system of the vehicle so that the Plaintiff’s vehicle can be pushed down when the vehicle parked in the parking zone.

C. At around 10:40 on September 27, 2015, the Defendant sought to operate his own vehicle parked in the parking zone inside and outside of the Plaintiff’s vehicle, and the Defendant’s child E (F) and G (H) was sealed behind the Plaintiff’s vehicle.

The Defendant’s children, as seen above, shocked the Plaintiff’s vehicle, which was operated outside the parking zone of this case (hereinafter “victim”), without blocking the Plaintiff’s vehicle by fasting the Plaintiff’s vehicle via the rear slope.

(hereinafter “instant accident”) e.

Due to the instant accident, the Plaintiff and the damaged vehicle were destroyed, and the victimized vehicle suffered injury by J, K, L, and M.

F. On October 7, 2015, the Plaintiff paid KRW 1,263,500 to the maintenance business entity of the Plaintiff’s vehicle for the repair cost of the Plaintiff’s vehicle due to the instant accident (Deduction of Self-Payment).

G. From October 14, 2015 to November 26, 2015, the Plaintiff paid KRW 9,703,040 to J, etc. totaling the cost of repairing damaged vehicles and compensation for damages arising from the instant accident.

H. Meanwhile, a place where B was parked in double parking is adjacent to a slope of a sloping slope, and there was a yellow-down sign on the road at the time of the instant accident, and there was a speed limit to prevent the stop of parking, but it was not installed at the entrance and exit of the parking area. However, one rubber prevention column was additionally installed after the instant accident.