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

The defendant.

1. The circumstances leading up to the instant accident are as follows.

At the time of the accident, the insured vehicle CD on September 11, 2018 at the time of the accident, which was parked by the defendant insured vehicle (hereinafter referred to as "the defendant vehicle"), such as the amba and the vehicle parked in the Daegu Suwon-gu E (hereinafter referred to as "the defendant vehicle"), and the vehicle parked in the same manner as the amba and the vehicle was parked in the accident site. The fact that there is no dispute over the damage of the secured self-owned vehicle to be paid KRW 14,140,000 on October 14, 2018, the payment of the insurance proceeds was paid for the insured vehicle (hereinafter referred to as "the plaintiff vehicle"), the entry or video of the evidence as set forth in subparagraphs A through 6, and the purport of the whole oral proceedings.

2. Comprehensively taking account of the overall purport of the evidence presented above, the accident in this case was caused by the negligence of the driver of the defendant vehicle, and even if the driver of the plaintiff vehicle committed an illegal parking in the vicinity of the accident in this case, it is difficult to deem that the above illegal parking was in proximate causal relation with the accident in light of the circumstance of the accident in this case. In particular, it is difficult for the driver of the plaintiff vehicle to anticipate that the defendant vehicle would cause the accident in this case through abnormal operation as above, in light of the fact that the accident in this case was caused by the negligence of the driver of the defendant vehicle.

Therefore, the Defendant, the insurer of the Plaintiff, as the insurer of the vehicle, is 14,140,000 won as the indemnity payment to the Plaintiff who subrogated the Plaintiff’s right to claim damages, and the Defendant’s defense as to the existence or scope of the obligation is reasonable from October 5, 2018 following the date of the payment of insurance money, until December 18, 2019, the date of the decision of this court, which is the date of the decision of this court, and 5% per annum as stipulated in the Civil Act.