1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. On September 2, 2016, around 16:00, the Defendant’s vehicle, who was parked in the vicinity of the claim market, was the front part of the lower part of the Plaintiff’s vehicle, and the Defendant’s vehicle, who was parked in the vicinity of the claim market, was an accident of shocking the part of the Defendant’s vehicle following the front part of the Plaintiff’s vehicle.

(hereinafter “instant accident”). C.

Plaintiff

On September 7, 2016, five days after the date of the occurrence of the instant accident, C, a driver of the vehicle, received treatment with climatic salt, tension, etc. from the D Unauthorized Foreign Department, and the Plaintiff paid KRW 443,170 (the treatment cost of KRW 237,580, the agreed amount of KRW 205,590) by October 28, 2016.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 3 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) that the instant accident occurred due to the total negligence of the Defendant’s vehicle, and the Defendant, the insurer of the Defendant vehicle, is obliged to pay the Plaintiff the insurance proceeds of 443,170 won and damages for delay paid by the Plaintiff C with medical expenses, etc.

(2) The Defendant’s assertion that the instant accident occurred is a minor accident that had contacted the part of the Plaintiff’s vehicle after the head of the Plaintiff’s vehicle parked in slowly, and it cannot be deemed that C, a driver of the Plaintiff’s vehicle, suffered injury to the extent that medical treatment is needed due to the instant accident, and thus, the Plaintiff’s claim for reimbursement is without merit.

B. The following circumstances, i.e., the entirety purport of the arguments, which are acknowledged by comprehensively taking account of the evidence as seen earlier, (i) the instant accident was committed on a narrow alleyway by the Defendant’s vehicle, who was traveling along the Defendant’s vehicle, on the back of the front door.