1. The defendant's appeal is dismissed.

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

3.Paragraph 1 of the text of the judgment of the court of first instance.

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), which includes a special clause on automobile injury security, and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On October 5, 2014, at around 23:50, while under the influence of alcohol at 0.164% of alcohol level C, C, while driving the Plaintiff’s vehicle and driving the front road located D at the time of JS from the GES bank, he shocked the part on the rear side of the Defendant’s vehicle that was parked on the right side of the road on the front side of the road (hereinafter “instant accident”), and thereby, C and the passenger of the Plaintiff were injured by F.

C. Until February 12, 2015, the Plaintiff paid the insurance proceeds of KRW 453,380 as agreed amount, including the medical expenses for C, KRW 104,620, and future treatment expenses (295,380), KRW 9,99,990 as agreed amount, and KRW 12,50,00 as agreed amount. The above insurance proceeds paid by the Plaintiff are within the scope of legitimate damages suffered by C and F due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including each number if there are several numbers), Eul evidence Nos. 1 through 9, and the purport of the whole pleadings

2. The assertion and judgment

A. Comprehensively taking account of the above facts acknowledged as to the negligence ratio of the Plaintiff’s vehicle and the Defendant’s vehicle, the instant accident was caused by the Plaintiff’s primary negligence of the Plaintiff’s driver who neglected the duty of ex officio under the influence of alcohol. However, on the other hand, the following circumstances acknowledged by each of the above evidence are as follows: the place where the instant accident occurred, namely, the Defendant’s vehicle was parked on the left-hand side of the three-lane road where the road began, and the part of the left-hand side of the parked Defendant’s vehicle was invaded by the three-lane road.