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. The following facts of recognition do not conflict between the parties, or may be acknowledged in full view of the overall purport of the pleadings at Gap evidence 1, Gap evidence 3 to 5, Gap evidence 9, Eul evidence 2 and 3, and video.

The plaintiff is an insurer who has concluded each comprehensive automobile insurance contract with respect to the vehicle A (hereinafter referred to as the "Plaintiff vehicle"), with respect to the vehicle B (hereinafter referred to as the "Defendant vehicle").

B. Around 12:05 on February 10, 2016, the Plaintiff’s vehicle was parked in the parking section of the parking zone at the Pyeongtaek-si store in the department department department department, and the front part of the front part of the Defendant’s vehicle, which moved to the right from the left part of the Plaintiff’s vehicle, was shocked into the front part of the left part of the Plaintiff’s vehicle.

(hereinafter referred to as “instant accident”). C.

On March 9, 2016, the Plaintiff paid insurance proceeds of KRW 5,163,90 under the pretext of repair expenses for the Plaintiff’s vehicle.

2. The assertion and judgment

A. The plaintiff asserted that the accident of this case occurred due to the failure of the defendant's vehicle to stop or cause damage to the plaintiff's vehicle although the plaintiff's vehicle discovered the defendant's vehicle on the left-hand side and stopped once again, the accident of this case occurred due to the failure of the driver's duty to stop on the front-hand side. Thus, the defendant's negligence in the accident of this case

In this regard, the defendant alleged that the accident of this case occurred due to the plaintiff's vehicle running from the partitions of the parking lot without properly examining the progress of the vehicle in the parking lot passage to which the plaintiff's vehicle intends to enter, and thus, the fault ratio of the plaintiff's vehicle is more than 70%.

B. In full view of the facts acknowledged earlier and the images of Gap evidence Nos. 1 and 3, the instant accident occurred in the department store where vehicle traffic is frequent, without properly examining whether or not a vehicle in the parking lot passage in the underground parking lot of the department store where the vehicle traffic is frequent, and at the same time, the vehicle’s body in the parking zone should be deducted and stopped later.