The part against the defendant exceeding the amount ordered to be paid under the judgment of the first instance shall be revoked and that part shall be revoked.

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with C (hereinafter “Plaintiff”) and the Defendant is the manager of the section for common use of the Namyang-si B apartment (hereinafter “instant apartment”).

B. On November 11, 2017, the driver of the Plaintiff’s vehicle: (a) laid the brakes of the vehicle in front of the Ddong parking lot in the instant apartment; (b) laid off the brakes in front of the Ddong parking lot in the instant apartment; and (c) laid off the vehicle as a neutrality.

C. The parking place of the Plaintiff’s vehicle is a flatd place without a slope, or a slope is cut off in front of the Plaintiff’s vehicle, and the engine length is cut off in front of the Plaintiff’s vehicle, and even if the vehicle is located in the said slope, it will be cut off to the slope way by the gravity, even if it is not going out of the external capacity.

On November 11, 2017, E, an occupant of the instant apartment (hereinafter referred to as “the deceased”) died in order to stop the Plaintiff’s vehicle on the opposite side in order to prevent the Plaintiff’s vehicle from stopping and continuing to stop due to a slope in the direction of a slope to stop the Plaintiff’s vehicle, which was parked in front of the left side of the Plaintiff’s vehicle in order to drive his/her vehicle.

(hereinafter “instant accident”) e.

The F Co., Ltd. (hereinafter “F”) concluded a comprehensive insurance contract with the deceased and the deceased (hereinafter “F”) paid KRW 338,830,000 to the deceased’s bereaved family members as insurance money in accordance with the “Special Terms and Conditions on Duplicing Serious Loss” (i.e., lost funeral expenses).

F claimed that the Plaintiff claim reimbursement of KRW 67,766,00, which reflects 20% of the negligence ratio of the Plaintiff’s vehicle, KRW 20% (= KRW 338,830,000), and the Plaintiff paid KRW 67,766,00 to F on January 16, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, records and images of evidence Nos. 8 through 10, and the purport of the whole pleadings

2. Determination

A. According to the facts of the recognition of joint tort, the driver of the Plaintiff’s vehicle shall be deemed to have been the driver.