1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

2. The costs of appeal are assessed against the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a motor vehicle insurance contract with respect to D motor vehicles (hereinafter “Defendant vehicle”). The Defendant is an insurer who has concluded each motor vehicle insurance contract with respect to D motor vehicles (hereinafter “Defendant vehicle”).

B. Around 12:00 on October 17, 2016, at the entrance of the Incheon Gyeyang-gu E-Ba parking lot, the Plaintiff’s vehicle was proceeding along the entrance of the parking lot. However, the Defendant’s vehicle, which was completely parked at the right-hand parking lot of the Plaintiff’s vehicle running, attempted to leave the parking lot, and there was an accident of collisioning the part of the back-hand part of the Plaintiff’s vehicle with the back-hand part of the Defendant’s vehicle.

(hereinafter “instant accident”). C.

On November 14, 2016, the Plaintiff paid KRW 557,700,00, after deducting KRW 200,000 of the self-paid money from the insurance proceeds (repair costs for the Plaintiff’s vehicle) arising from the instant accident.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 6 and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s Defendant’s vehicle caused an accident without confirming the Plaintiff’s vehicle, which is merely a long time after a well-fining the flow of the surrounding vehicle. Therefore, the instant accident occurred by one’s negligence, which breached the duty of care for entering the road under Article 18(3) of the Road Traffic Act.

Therefore, the defendant is obligated to pay 57,000 won and damages for delay paid by the plaintiff as insurance money to the plaintiff in accordance with the legal principles of subrogation of the insurer.

(2) Since the instant accident occurred while the Plaintiff’s vehicle was moving back at the parking lot, the negligence of the Plaintiff’s vehicle should be recognized as at least 50%.

In the review of the committee for deliberation on the dispute over indemnity, the negligence of the plaintiff vehicle was recognized as 40%.

B. (1) Prior to the occurrence of liability for damages, both vehicles are to be determined immediately after the occurrence of the instant accident and immediately after the occurrence of the accident.