The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal.

1. Basic facts

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. On August 1, 2019, the driver of the Defendant vehicle was parked on the back side of the Plaintiff vehicle that was parked on the second lane near the Seocho-gu Seoul Special Metropolitan City due to the fall under the ground for revocation of the license on August 1, 2019, and was parked on the front side of the Plaintiff vehicle, while driving the 2nd line road along the dry field park from the long-distance bank of the Sejong Special Metropolitan City and the north-dong Special Metropolitan City to the view of dry field park.

- 3 The left side of the vehicle was shocked (hereinafter “instant accident”).

On November 4, 2019, the Plaintiff paid KRW 8,869,440 as insurance money, deducting KRW 500,000 from the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, and 5, Gap evidence Nos. 7-1, 2, Eul evidence No. 1, 7-3, Gap evidence Nos. 7-8, Eul evidence Nos. 8, Eul evidence Nos. 3-1, 3-2, and the purport of the whole pleadings and arguments

2. Determination

A. According to the evidence and the purport of the legal theory as seen earlier, the driver of the Defendant vehicle operated the vehicle at a speed exceeding the restricted speed at night, and the instant accident was caused by the principal negligence of the Defendant vehicle driver who neglected to perform his duty of care in the front time due to drinking, etc. and failed to accurately manipulate the steering gear and brakes.

However, street lamps are installed around the site of the accident in this case.

Even if the accident in this case occurred at night, and the driver of the plaintiff's vehicle does not turn off lights such as tail lights or sidelights while parking in the area where spirits are prohibited at night within 5 meters from the edge of intersection or the corner of road at night.