1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with C with respect to D New Telecommunications Vehicles (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into an automobile insurance contract with respect to E vehicle (hereinafter “Defendant vehicle”).

B. On March 17, 2018, at around 09:19, C, while driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle on a two-lane way in the Gupdong-gu Seoul Metropolitan Area F (hereinafter “instant road”), C, while changing the vehicle into a two-lane, the latter part of the Defendant’s vehicle, which was placed at the right edge of the two-lane of the instant road, was shocked toward the front part of the Plaintiff’s vehicle.

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

C was injured due to the instant accident. From March 28, 2018 to April 30, 2018, the Plaintiff paid KRW 3,141,880 in total with C’s medical expenses, etc.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The main point of the party's assertion (i) the driver of the defendant vehicle at the time of the original inspection illegally stopped the defendant vehicle in the zone where the parking and stopping is prohibited, and thus the plaintiff vehicle has shocked the defendant vehicle, so the driver's fault ratio of the defendant vehicle is 20% in the occurrence of the accident in this case.

The Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 3,141,880 in total with respect to the injury of C caused by the instant accident, thereby acquiring the claim for damages against the Defendant’s driver by subrogation as prescribed by Article 682 of the Commercial Act.

However, in the event that C, the victim of the instant accident, receives damages under the automobile insurance contract by the defendant under the automobile accident insurance contract, even if there is any negligence of the victim, the treatment relationship cost can be compensated at least.

Therefore, the defendant, who is the insurer of the defendant vehicle, is the plaintiff's injury as the indemnity amount.