1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

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

B. On April 25, 2015, around 16:30, the Plaintiff’s vehicle is proceeding along the parking lot path to enter and park a parking lot within the Busan Metropolitan Area Dungdo Highway (hereinafter “victim”). On the other hand, the Plaintiff’s vehicle’s collisions the front part of the Plaintiff’s vehicle behind the right side of the Defendant’s vehicle, which was driven by approximately two meters away from the left side of the traffic direction, with the front part of the Plaintiff’s vehicle. On the other hand, the Plaintiff’s vehicle and the E vehicle parked with the Defendant’s vehicle being pushed by the shock (hereinafter “victim’s vehicle”).

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

By July 23, 2015, the Plaintiff paid insurance proceeds of KRW 8,622,950 in total with the repair cost of the Plaintiff’s vehicle and the repair cost of the damaged vehicle.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 4, and Eul evidence 1 to 6 (including branch numbers, if any)

2. Determination on the cause of the claim

A. The plaintiff asserted that the plaintiff paid attention to whether a vehicle that starts from the parking lot has a vehicle driving along the road and has a duty to enter the road, but the defendant's vehicle has provided the cause of the accident of this case due to the plaintiff's own vehicle's sudden parking and provided the cause of the accident of this case. Since the fault ratio of the defendant vehicle that contributed to the occurrence of the accident of this case exceeds 40%, the defendant, who is the insurer of the defendant vehicle,

B. In light of the location, degree, etc. of the Defendant’s vehicle and the damaged vehicle immediately after the accident, the Plaintiff’s vehicle conflict with the Defendant’s vehicle at a considerable speed. In light of the location, degree, etc. of the Defendant’s vehicle and the damaged vehicle immediately after the accident, the Plaintiff’s vehicle conflict with the Defendant vehicle at the time of accident.