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

B. On August 2, 2017, around 11:00, at the entrance of an apartment building located in Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, the Plaintiff’s vehicle, who was enrolled along a slope, parked and stopped the Defendant vehicle, and the Defendant vehicle, who did not discover the Plaintiff’s vehicle, did not fall into a collision with the Plaintiff’s vehicle that landed along a slope and stopped (hereinafter “instant accident”).

C. On September 6, 2017, the Plaintiff paid KRW 1,415,00 in total at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 7, Gap evidence Nos. 2, 3 and 6, Eul evidence No. 3, the purport of the whole pleadings

2. Determination on the cause of the claim

A. In full view of the overall purport of the evidence duly admitted prior to the determination of the percentage of negligence, the following circumstances, namely, the Plaintiff’s vehicle: (a) was witnessed and stopped immediately while going on a slope; (b) the stopping point was within the scope of the lane indicated on the slope; and (c) the vehicle that was lowered through an underground parking lot from outside is not easy to secure the view view; and (d) the vehicle is obliged to operate along the vehicle line indicated on the access road, with the speed, the front door, and the vehicle indicated on the access road. However, in light of the following circumstances, it is reasonable to deem that the instant accident occurred due to the total negligence of the Defendant vehicle, which neglected the safety driving duty.

B. The Plaintiff paid KRW 1,415,00 as insurance money for the Plaintiff’s vehicle damages.