1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to BS5 vehicles (hereinafter “Plaintiff vehicle”), and the Defendant is the owner of C Freight (hereinafter “Defendant Vehicle”).

B. On December 25, 2012, the Defendant’s vehicle conflict with the Plaintiff’s vehicle parked in the 105 underground parking lot at the master’s, Macheon-si, Master’s, Sincheon-si, Master’s, Master’s.

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

On April 17, 2013, the Plaintiff paid KRW 1,412,00 for the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the accident in this case occurred due to the defendant's negligence and sought compensation in subrogation of the owner of the plaintiff's vehicle.

B. With respect to physical damage caused by a motor vehicle accident, the liability for motor vehicle accident compensation under Article 3 of the Guarantee of Automobile Accident Compensation Act is not problematic, and the liability for tort under the Civil Act is at issue only. Thus, in full view of the purport of the oral argument as to whether the Defendant is liable for tort regarding the Plaintiff’s physical damage caused by the accident in this case, the Defendant may recognize the fact that the Defendant was stolen between December 24, 2012 and December 25, 2012, and the fact that he reported the theft of the motor vehicle to the Gangwon-do Police Station around 10:09 on December 25, 2012. Since it is reasonable to deem that the Defendant driving the motor vehicle at the time of the accident in this case is not the Defendant but the Defendant, and there is no evidence to acknowledge that the accident in this case was caused by the Defendant’s intentional or negligent act (it cannot be deemed that there was a proximate causal causal relation between the negligence in the management of the motor vehicle in this case and the accident in this case).

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