1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Basic Facts

The Plaintiff is an insurer who entered into an automobile insurance contract with respect to the automobile E (hereinafter referred to as “Plaintiff”) for D Operation, and the Defendant and the co-defendant C of the first instance trial jointly operate the “G parking lot” (hereinafter referred to as “instant parking lot”) which is a paid parking lot in Gangseo-gu Busan Metropolitan Government F.

D around 18:00 on March 30, 2017, the Plaintiff parked and departed from the Republic of Korea on the instant parking lot. On April 3, 2017, 208:00, the Plaintiff was withdrawn from the Republic of Korea on April 3, 2017. However, the Plaintiff returned to the instant parking lot after 20 minutes thereafter, and the Defendant resisted the full glass part.

On April 13, 2017, the Plaintiff paid KRW 1,000,000 as insurance money for the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, the result of the order issued by the court of first instance to submit tax information on North Korea's duty of taxation, and the damage of the plaintiff's front glass of the plaintiff's vehicle to the whole purport of the pleading occurred while the plaintiff's front glass was parked in the instant parking lot. Thus, the defendant is jointly and severally liable with C to compensate for the damage as a parking lot manager and is liable

The above damage of the Plaintiff’s vehicle occurred since the entry into the instant parking lot, or occurred during the process of driving after the release.

Judgment

Article 17(3) of the Parking Lot Act provides that “An off-road parking lot manager shall not be exempt from liability for damages caused by any loss of or damage to a motor vehicle, except where he/she proves that he/she has not been negligent in performing his/her duty of care as a good manager with respect to the custody of a motor vehicle parked in a parking lot.” The instant parking lot falls under an off-road parking lot where a mechanical parking device is installed, which is

The occurrence of liability for damages is one and two video images of evidence No. 1-2, and CCTV images of the court of first instance.