1. Of the judgment of the first instance court, KRW 246,500 against the Plaintiff and its related thereto, from July 21, 2017 to November 16, 2018.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. At around 17:40 on July 12, 2017, the Plaintiff’s vehicle was going to the ground through a double-line connecting path from the underground parking lot located in the Suwon-dong, Suwon-dong, Suwon-dong, Suwon-do, where there was an accident where the lower part of the Defendant’s driver’s seat falling under underground from the opposite direction and the lower part of the lower part on the left side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On July 20, 2017, the Plaintiff paid insurance proceeds of KRW 493,00 at the repair cost of the Plaintiff’s vehicle.

On March 5, 2018, the Plaintiff filed an application with the Defendant for deliberation and resolution on the ratio of negligence with respect to the reimbursement fee dispute deliberation committee (hereinafter “Deliberation Committee”), and the Deliberation Committee decided the ratio of negligence between the Plaintiff’s and the Defendant’s vehicle to 50% by taking into account the following: (a) the Plaintiff’s vehicle appears to have been a temporary stop; (b) the Plaintiff’s vehicle was in contact with the left-hand side of the two vehicles; and (c) the vehicle was going through or in close vicinity the center line.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5, Eul evidence 4, Gap evidence 3, 4, Eul evidence 3 and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case occurred due to the conflict between the defendant vehicle, which was unloaded from the opposite direction while the plaintiff's vehicle is going up the connecting passage to the underground parking lot and stops in the front body of the motor vehicle, and thus, the driver of the defendant vehicle has a full negligence.

In regard to this, the Defendant moved back the front part of the driver's seat beyond the center line while the Plaintiff's vehicle moves from underground to ground.