1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff vehicle”).

B. The Defendant, between D and D, determines the general restaurant F (hereinafter “instant store”) located outside and two parcels of Seoul, Jung-gu, Seoul as the insured period from September 15, 2015 to September 15, 2020 with respect to the general restaurant F (hereinafter “instant store”). D is the insurer who entered into an insurance contract “under the terms of the facility owner’s liability to compensate for damages caused by a sudden accident arising from the performance of the instant store and the use of the instant store.” A is a person who is employed in the instant store and performs parking duties by proxy.

C. On November 21, 2015, around 14:03, G vehicles visited the instant store by A were parked in the neighboring parking lot of the instant store, and there was an accident of shocking the Plaintiff’s vehicle, while parking on behalf of the Plaintiff at the instant parking lot.

(hereinafter “instant accident”). D.

On March 22, 2016, the Plaintiff paid KRW 174,000,00, excluding KRW 200,000, out of the repair cost of the Plaintiff’s vehicle repair cost due to the instant accident, to B as insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is the insurer who entered into an insurance contract including a special agreement on the liability for parking lot damages with respect to the store of this case. The defendant is obligated to pay the insurance money to the plaintiff who acquired the claim for damages pursuant to the subrogation of the insurer under Article 682 of the Commercial Act by paying the damages incurred to B due to the accident of this case as insurance money.

B. In full view of the aforementioned evidence, the Defendant is found to be D in full view of the purport of the entire pleadings.