1. Of the judgment of the court of first instance, the part against the plaintiff equivalent to the amount ordered to be additionally paid shall be revoked.

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. At around 10:30 on October 30, 2018, the Defendant’s vehicle was parked in the 2nd underground parking lot in Yongsan-gu, Yongsan-gu, U.S., U.S., U.S., U.S., U.S., U.S., for the Plaintiff’s vehicle, and had shocked the Plaintiff’s vehicle while driving

(hereinafter “the instant accident”). Meanwhile, the Plaintiff’s vehicle was in a direct way out of the parking zone to check the passing of the Defendant’s vehicle at the time of the instant accident, and was moving back to the parking zone as the Defendant’s vehicle was moving behind, but did not avoid the instant accident.

C. On November 28, 2018, the Plaintiff paid KRW 264,000 for the repair cost of the Plaintiff’s vehicle due to the instant accident (the self-paid 200,000 won) as insurance money.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 2, and the purport of the whole pleadings

2. Determination:

A. (1) The Plaintiff’s assertion (1) asserted that the instant accident occurred in the course of the Defendant’s vehicle moving back for parking without confirming the Plaintiff’s vehicle. As such, the Defendant’s fault ratio in the instant accident is 100%.

(2) As the instant accident occurred due to the sudden suspension of the Plaintiff’s vehicle during the instant accident, the Defendant asserts that the percentage of the Plaintiff’s vehicle’s fault in the instant accident is 30%.

B. The following circumstances, namely, the Plaintiff’s vehicle started leaving the vehicle in the parking area after confirming that the Defendant’s vehicle passes ahead of the Plaintiff’s vehicle, and the Plaintiff’s vehicle is going out to wait for pedestrians in front of the vehicle.