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. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On April 19, 2017, at around 11:45, the Defendant’s vehicle: (a) turned back to drive a vehicle in a parking zone in the parking lot adjacent to the passenger bank of Bupyeong-gu, Gyeonggi-gu, Seoul National Bank of Korea; (b) and (c) fell into the left side of the Plaintiff’s vehicle, which was moving down from the rear side of the Defendant’s vehicle, with the rear wheel part of the back part of the Defendant’s vehicle.

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

On June 29, 2017, the Plaintiff paid KRW 1,708,50 as insurance money for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 and 6, Gap evidence Nos. 2, 5, 7, 8, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the occurrence and scope of the liability for damages and the above recognition, the driver of the Defendant’s vehicle is responsible for compensating the damages incurred to the Plaintiff’s vehicle due to the instant accident, since the Defendant neglected his/her duty of care to prevent collision with other vehicles, even though he/she had a duty of care to view the rear side while leaving the parking zone in the parking zone.

However, inasmuch as the driver of the Plaintiff is negligent in neglecting the duty of care to prevent the collision by demanding attention to the approaching vehicle by viewing the movement of the vehicle around the front and rear left behind in the course of parking at the parking lot and by sounding the warning to the approaching vehicle, it is reasonable to limit the responsibility of the Defendant vehicle driver to 80% in consideration of this.

Therefore, the defendant shall pay 1,366,800 won (=1,708,500 x 0.8) out of the insurance money paid by the plaintiff to the plaintiff who acquired the right of compensation by subrogation in accordance with the principle of subrogation by the insurer under Article 682 of the Commercial Act, and this shall be applicable.