1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Basic Facts

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

Plaintiff

On August 3, 2017, when the Defendant’s vehicle, which was going to the right side from the left side of the Plaintiff’s vehicle, was in front of and back to the front of the Plaintiff’s vehicle and the body of the vehicle was damaged, while the vehicle was passing through the intersection of the Jung-gu C apartment 203 underground parking lot, Young-gu, Young-gu, 200:05 on August 3, 2017.

(hereinafter “instant accident”). On November 29, 2017, the Plaintiff paid KRW 23,172,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] The plaintiff asserted that the parties to the dispute of the accident of this case as to Gap's evidence Nos. 1 through 7, Eul's evidence No. 1, and the purport of the whole pleading, and the purport of the whole oral argument, the plaintiff asserted that the accident of this case occurred due to the negligence of the plaintiff's driver who caused the collision of the plaintiff's vehicle passing through the intersection because the defendant

In this regard, the defendant asserts that the driver of the plaintiff's vehicle is responsible for the occurrence of the accident of this case since the plaintiff's driver's negligence was also the main cause of the accident of this case, since the plaintiff's vehicle is negligent in driving slowly after checking whether there is a vehicle in the vicinity after temporary stop before entering the intersection in the underground parking lot and checking whether there is a vehicle in the vicinity after the temporary stop.

Judgment

According to the above facts and the images of Gap evidence 7, the defendant's vehicle, who entered the intersection when the plaintiff's vehicle came into the intersection in the underground parking lot and went into the intersection almost out of the intersection, is not found the plaintiff's vehicle, and the left middle part of the plaintiff's vehicle is strong.