1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to B vehicle (hereinafter “Defendant”).

B. On April 18, 2017, around 09:30, the Plaintiff’s vehicle parked in the signal atmosphere from the fourth-lane of the four-lane road near the Changwon-si, Changwon-si, Masan-si, in the process that the driver of the Defendant’s vehicle illegally parked on the right side of the fourth-lane, opened the door of his own driver’s seat and the back part of the driver’s seat of the Plaintiff’s seat and the front part of the driver’s seat of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On April 27, 2017, the Plaintiff paid insurance proceeds of KRW 31,520,00, excluding KRW 200,000, out of KRW 231,520, the cost of repairing the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s instant accident was caused by negligence without considering the overall traffic situation of the instant road by the Defendant rolling stock driver and with beliefing only the situation where the Plaintiff rolling stock stops in the signal atmosphere. The Plaintiff rolling stock driver could not expect that the front part of the Plaintiff rolling stock was opened while the front part of the Defendant rolling stock passed through the Defendant rolling stock, thereby shocking the Plaintiff’s side.

Since the instant accident occurred due to the total negligence of the driver of the Defendant’s vehicle, the Defendant is obligated to pay 31,520 won of the insurance proceeds paid by the Plaintiff at the repair cost of the Plaintiff’s vehicle and damages for delay.

(2) Although the Defendant’s vehicle parked illegally, the Defendant’s driver confirmed that the Plaintiff’s vehicle was in flight prior to boarding the Defendant’s vehicle.

Plaintiff

Vehicles shall be the defendant vehicle in the course of departure after the signal signal.