The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

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

B. On November 4, 2018, in an underground parking lot located in the Yeongdeungpo-gu E store located in Young-gu, Young-gu, Young-gu, 2018, the Plaintiff’s vehicle was parked in the parking area so that the front side of the vehicle passes along the road, and the Plaintiff’s driver and passenger was arranged outside the vehicle, and the Defendant’s vehicle was parked on the left side of the Plaintiff’s vehicle immediately in the parking area.

C. The Plaintiff’s driver received insurance from the Plaintiff with the purport that “the chief passenger of the Defendant’s vehicle opened a door and was faced with the Plaintiff’s driver’s seat, and caused the Plaintiff’s defect.” The Plaintiff’s driver accepted the relevant damaged part.

On June 14, 2019, the Plaintiff paid 307,650 won after deducting 200,000 won from the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 6 through 10, and the purport of the whole pleadings

2. Determination

A. The plaintiff alleged by the parties concerned asserts that since the defendant vehicle passenger destroyed the plaintiff vehicle by unilateral negligence while opening the front door, the defendant, the insurer of the defendant vehicle, should pay to the plaintiff 307,650 won of the indemnity acquired by the plaintiff on behalf of the plaintiff and damages for delay.

In regard to this, the defendant asserted that there was no sufficient fact that the defendant vehicle passenger had sufficient automobile while opening the door of the vehicle, and even if so, the repair irrelevant to the accident was made.

B. Determination 1) In addition to the overall purport of the pleadings in the video of the evidence No. 6, the first passenger of the Defendant vehicle was active in the front door (0:02~00:00:003 each vehicle front line of the vehicle front line of KRW 0:0:0:00:03, the shape is a black box installed on the vehicle of the Plaintiff.