1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that has entered into a motor vehicle mutual aid contract with respect to C vehicles (hereinafter “Plaintiffs”). The Defendant is a mutual aid business entity that entered into a motor vehicle mutual aid contract with respect to D vehicles (hereinafter “Defendant vehicles”).

B. On February 3, 2019, the Plaintiff’s vehicle operated emergency lights on the left side of the numberless vehicle that was parked on the two-lanes of the F in front of the two-lane E at Jinju, and stopped on the front side of the first vehicle. However, the Defendant’s vehicle was directly driving on the first lane, and the Plaintiff’s vehicle fell on the front side of the driver’s seat (hereinafter “instant accident”).

At the time, there was a safety zone indication on the left side of the Plaintiff’s vehicle between 2 and 3 meters.

C. On February 27, 2019, the Plaintiff paid KRW 1,917,890 for the repair cost of the Plaintiff’s vehicle, except for KRW 500,000,000, as insurance money according to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 4 (including each number in the case of additional evidence) and the purport of the whole pleadings

2. Determination

A. (1) The Plaintiff asserted that, at the time of the instant accident, the Plaintiff was forced to stop on the first line because the Plaintiff’s vehicle was illegal parking vehicles, and the Defendant’s vehicle neglected to drive the Plaintiff vehicle on the front line despite being able to avoid and drive the vehicle in a situation where the view is secured, and thus, the instant accident occurred due to the negligence on the front line of the Defendant vehicle.

(2) As to this, the Defendant asserts that the Plaintiff’s vehicle stops at a stopping-prohibited place without any inevitable reason due to the breakdown at night, and thus, the passage of the road is obstructed. As to the instant accident, the Plaintiff’s fault ratio is 30%.

B. According to the above fact of determination of the negligence ratio, the instant accident ought to be driven safely by the driver of the Defendant vehicle with the view to the front door.