1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with A with respect to BK5 vehicles (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who entered into an automobile insurance contract with respect to C Tball vehicle (hereinafter “Defendant vehicle”).

B. Around 11:08 on March 31, 2017, the driver of the Defendant vehicle driven the Defendant vehicle, and turned the name and use of the building into the first underground floor from the second underground floor of the 2nd underground floor of the building in Bupyeong-si (hereinafter the name and use of the building omitted), followed the left-hand side of the Defendant vehicle driven by E even by a door, and shocked the part behind the driver’s left-hand side and the rear side of the Plaintiff vehicle driven by E.

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

On April 24, 2017 due to the instant accident, the Plaintiff paid KRW 416,00,000 as the repair cost of the Plaintiff’s vehicle to the two-wheeled Motor Vehicle Maintenance Business Center.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence 1, 2, 5, and 6, Gap evidence 4, Eul evidence 1 to 4, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The main point of the party's assertion (i) At the time of the plaintiff vehicle E, while driving the plaintiff vehicle and driving the vehicle into the second underground floor, was near the connecting passage between the second underground and the second underground, and the accident of this case occurred while passing through the right side of the plaintiff vehicle, which was stopped by putting the light of the defendant vehicle coming from the second underground to the first underground floor, on the right side of the road on the first underground floor. The defendant vehicle driver as the driver of this case should have been able to turn to the left at the right side of the vehicle which was stopped by narrowing the width and making it possible to turn to the left. The accident of this case is due to the previous negligence of the defendant vehicle driver.

However, for the Plaintiff A, the insured of the Plaintiff’s vehicle, the Plaintiff caused the instant accident.