1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.

1. Basic facts

A. The Plaintiff is an insurer that entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff-motor vehicle”).

B. At around 17:00 on June 22, 2016, the Defendant: (a) caused multiple vehicles, including the Plaintiff’s vehicle parked in the parking lot within the same military unit; and (b) caused an accident that causes the dust from the car (hereinafter “instant accident”).

C. By August 11, 2017, the Plaintiff paid KRW 5,000,000 in total as the repair cost of the Plaintiff’s vehicle under the said automobile insurance contract.

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

2. Summary of the parties' arguments

A. Plaintiff 1) The instant accident is an accident caused by Defendant’s occupational negligence, which did not fulfill his duty of care not to ask for the vehicle with a plastic cover on a vehicle parked in the vicinity of the construction site where the paint work is conducted by taking measures, such as covering a plastic cover. 2) The Plaintiff acquired the right of subrogation by paying the repair cost to the insured to the insured to compensate for damages the insured against the Defendant. As such, the Defendant is obliged to pay the Plaintiff the indemnity amount of KRW 5,000,000 and the delay damages therefrom.

B. Defendant 1) performed the duty of care necessary for painting operations, which caused the instant accident, according to the direction of the construction supervisor of the military unit (the Defendant requested the entry of the site after completion of painting at a factory outside the military unit; however, the Defendant did not obtain approval from the construction supervisor, and requested the evacuation of vehicles parked through SNS, broadcasting, and telephone before conducting on-site operations.

(2) Accordingly, the instant accident is attributable to the negligence of the Plaintiff’s insured who did not move the vehicle while disregarding the direction of the relevant military unit and the Defendant.