1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive insurance contract with respect to B vehicles (hereinafter “Plaintiffs”). The Defendant is an insurer who has entered into a comprehensive insurance contract with C (hereinafter “Defendant vehicles”).

B. On October 9, 2014, at around 00:30 on October 9, 2014, the Defendant vehicle driven by C, a traffic accident that conflicts with the Plaintiff vehicle parked on the roads located in front of the Southern-gu Seoul Southern-gu Forest Defense Elementary School (hereinafter “instant accident”).

C. C was diagnosed of an extract in the instant accident, which does not have any open room within the river, damage to dynas whose body is not open to the river, and dynasium fry, etc., and received dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium 40,227,60 won.

On September 7, 2015, the indemnity dispute deliberation committee decided on the Defendant’s claim for deliberation on the instant accident at KRW 40,227,600 to pay the Plaintiff KRW 40,227,60 to the Defendant. Accordingly, the Plaintiff paid KRW 40,227,60 to the Defendant on September 21, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6, Eul evidence 3 and 5 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The instant accident occurred by the unilateral negligence of the Defendant’s vehicle, and since there was no proximate causal relation between the parking of the Plaintiff’s vehicle and the damage of the Plaintiff’s vehicle C, the Plaintiff paid the insurance money to the Defendant and thus, the Defendant is obligated to refund the Plaintiff the amount of KRW 40,227,600 paid by the Plaintiff and the damages incurred therefrom. 2) Even if the parking of the Plaintiff’s vehicle is recognized as one of the causes of the instant accident, it is reasonable to deem the percentage of the Plaintiff’s vehicle’s fault as 10%, and