1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

1. Basic facts

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

B. Around 08:40 on January 21, 2016, the Defendant’s vehicle was entering a building underground parking lot located in the Nam-gu Incheon Metropolitan City, Nam-gu, bypassing the road to the road, and shocked the part of the back part of the Plaintiff’s vehicle, which was driving directly on the left side from the right direction of the Defendant’s vehicle.

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

On January 28, 2016, the Plaintiff paid insurance proceeds of KRW 365,450 at the cost of repairing the Plaintiff’s vehicle with respect to the instant accident.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2 (including paper numbers, hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. If a vehicle enters a road from the parking lot, it shall be deemed that the vehicle that is traveling on the road has preferential right to passage, and according to the above recognition, it shall be reasonable to deem that the accident in this case occurred due to the negligence that the defendant's vehicle, while entering the road from the underground parking lot, neglected the duty of front-time watching.

However, in light of the fact that the road in which the instant accident occurred is relatively wide, and the background of the instant accident and the damaged part of the Plaintiff’s vehicle, etc., it is deemed that the instant accident occurred while the Plaintiff’s vehicle was driving with a part of the virtual median line of the said road. Therefore, the ratio of Defendant’s liability to Defendant’s vehicle in relation to the instant accident is limited to 85%.

B. Therefore, the defendant, who is the insurer of the defendant vehicle, is the insurer of the plaintiff vehicle, and 310,632 won (=365,450 won x 85% x less than the original unit) corresponding to the ratio of the liability of the defendant vehicle out of the insurance money paid by the plaintiff, and as regards the part cited in the judgment of the first instance court, 25,815 won.