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 has concluded an automobile insurance contract with B-owned vehicles (hereinafter “Plaintiff-owned vehicles”) and the Defendant is the insurer who has concluded the automobile insurance contract with C-owned vehicles (hereinafter “Defendant-owned vehicles”).

B. On January 29, 2017, around 16:40, at the entrance of the E theater underground parking lot located in Jongno-gu Seoul Metropolitan Government Jongno-gu, an accident that conflicts between the front driver of the Defendant vehicle who was trying to enter the parking lot and the front driver of the vehicle that was trying to leave the parking lot (hereinafter “instant accident”).

C. On February 15, 2017, the Plaintiff paid KRW 425,170 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 1 to 6, and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion that the instant accident occurred due to the former negligence of the Defendant’s driver, namely, the instant accident occurred due to the former negligence of the Defendant’s driver. As such, the Defendant should pay the Plaintiff the insurance money paid by the Plaintiff due to the instant accident, KRW 425,170, and damages for delay thereof. 2) The instant accident alleged by the Defendant was caused by the negligence of the Plaintiff’s vehicle in which the Plaintiff’s vehicle did not go slowly but the center line was invaded.

B. Comprehensively taking account of the overall purport of the arguments as seen earlier, the instant accident site is an access road to the underground parking lot, and the vehicle from the underground parking lot is obligated to verify whether the vehicle and the vehicle, which are to enter the underground parking lot, did not have any other vehicle and to prevent an accident. At the time of the instant accident, the Plaintiff’s vehicle is allowing access road to the underground parking lot, and the Defendant’s vehicle, which fell into a collision with each other, and a part of the two vehicles at the time of the accident, was in contact with the center line.