1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to AK5 vehicles (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with respect to BM vehicles (hereinafter “Defendant”).

B. On October 13, 2014, around 19:55, the Plaintiff’s vehicle (Driver C) was driving out of the hospital the E Hospital street parking lot located in Ansan-gu, Ansan-si as a new air room outside the hospital, and the Defendant’s vehicle (Driver F) also runs the same parking lot in the same direction. However, there were other vehicles parked between the Plaintiff’s driving lane and the Defendant’s driving lane.

The plaintiff vehicle is parked on the left-hand side of the other vehicle, and the defendant vehicle is driving on the right-hand side of the other vehicle parked, and the plaintiff vehicle is driving on the one-way lane.

The Plaintiff’s vehicle’s lane and the Defendant’s vehicle’s lane are divided into two lanes, and without turning on the Hague, the Plaintiff’s front right side of the Plaintiff’s vehicle, which first entered, and the Defendant’s vehicle’s gate and gate are shocking each other (hereinafter “instant accident”).

C. The Plaintiff, as an insurer of the Plaintiff’s vehicle, paid the insurance proceeds of KRW 2,237,800 in total with the repair cost of the Defendant’s vehicle by December 26, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 7 (including branch numbers for those with serial numbers) and the purport of the whole pleadings

2. Determination

A. According to the above facts of the negligence ratio, the plaintiff vehicle is negligent in driving along the lane with one-way traffic marks, without turning on the HE at night, and the defendant vehicle is negligent in not sufficiently examining the movement of the plaintiff vehicle that first entered the accident point. Thus, it is reasonable to view that the negligence ratio of the plaintiff vehicle and the defendant vehicle is 80%: 20%.