1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with Cenz C20K vehicles (hereinafter “Plaintiff vehicles”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with D-to-purged vehicles (hereinafter “Defendant vehicles”).

B. Around 09:00 on February 22, 2018, the Defendant’s driver was unable to discover the Plaintiff’s vehicle that was going back from the back on the back side of the F store located in E, and there was an accident that shocks the Plaintiff’s left upper part of the vehicle to the back of the Defendant’s vehicle (hereinafter “instant accident”).

C. On March 21, 2018, the Plaintiff paid KRW 592,00,000, excluding KRW 200,000 of the self-paid cost at the repair cost of the Plaintiff’s vehicle.

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

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred entirely while the Defendant was moving back, in violation of the duty to stop in the direction and the duty to safely drive the Plaintiff, and that the repair cost paid by the Plaintiff was required to restore the Plaintiff’s vehicle to its original state. As such, the Defendant, as the insurer of the Defendant vehicle, is obliged to pay KRW 592,00,000 paid by the Plaintiff as the repair cost of the Plaintiff’s vehicle, and its delay damages.

B. The Defendant’s assertion that the instant accident occurred is an accident in which the Defendant’s vehicle slightly shocks the fronter of the Plaintiff’s vehicle, and the Plaintiff’s vehicle was able to restore to its original state only by luminous work.

Therefore, since the repair cost paid by the Plaintiff was paid excessively, the Defendant cannot respond to the Plaintiff’s claim for reimbursement against the amount exceeding the luminous repair cost.

3. In full view of the background leading up to the occurrence of the instant accident, the shock level, degree of damage, and the present situation of the place where the instant accident occurred, prior to the determination, the Plaintiff was in the front room.