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. Basic facts

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

B. On November 29, 2016, Nonparty E driven the Plaintiff’s vehicle on November 13:42, 2016, and proceeded with a one-lane road in front of Gmaart, which is located in F, from H apartment room to a doorsan terminal, Nonparty I, who crosses the vicinity of the crosswalk to the left-hand side from the right-hand side of the Plaintiff’s vehicle, was shocked on the front right-hand side of the Plaintiff.

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

At the same time, the defendant's vehicle was illegally parked on the crosswalk prior to the above Gart, and due to this, I crosses around the crosswalk.

The above accident occurred, and died on December 1, 2016. D.

From December 28, 2016 to April 4, 2018, the Plaintiff paid the insurance proceeds of KRW 544,410 to I in the name of medical treatment.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant accident occurred because the Defendant’s vehicle parked illegally on the crosswalk and did not discover the victim I who cross the Plaintiff’s vehicle without permission. Therefore, it is reasonable to deem that the illegal parking of the Defendant’s vehicle caused the instant accident and the fault ratio is 50%. Thus, the Defendant is obliged to pay the Plaintiff KRW 272,205 (=the medical expenses54,410 x 0.5) paid to the Plaintiff.

B. In light of the fact that the Defendant’s vehicle at the time of the instant accident did not regulate illegal parking, it cannot be deemed that the Defendant’s vehicle was illegal parking.

Plaintiff

I. The driver of the vehicle will be prior to the access to the parked Defendant vehicle.