1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above revoked part is revoked.

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to B-owned vehicles (hereinafter “Plaintiff-owned vehicles”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to D-owned vehicles (hereinafter “Defendant-owned vehicles”).

나. 원고 차량은 2016. 11. 11. 18:10경 전주시 덕진구 하오리길 91에 있는 용진-용정간 편도 2차로의 자동차전용도로를 용진 방향에서 용정 방향으로 진행하던 중 위 도로의 중앙분리대를 충격한 후 튕겨나와 위 도로의 2차로 변에 있는 가드레일을 들이받고 1, 2차로에 비스듬하게 걸쳐 멈춰섰다

(hereinafter referred to as “the instant primary accident”). After reporting the instant primary accident to 112 at the time, A knew of the said accident by means of making hand signals, etc. from the side side of the road on the right side of the Plaintiff’s driving direction, and around that time, E also stopped at the point of the said accident, and caused the said accident to bring the handlights, etc. from his own vehicle and by receiving it.

C. After the instant first accident, the said point of the accident occurred in the same direction as the Plaintiff’s vehicle, and the first vehicle of F Driving G and H driving in the same direction as the Plaintiff’s vehicle started to stop on the two-lane and the first-lane of the said road, respectively, by reducing the speed.

On the other hand, at around November 11, 2016, the Defendant’s vehicle driven along the same lane in the direction of the Plaintiff’s vehicle, discovered that the said G vehicle and the said I vehicle are parked on the said road, and changed its course to the right direction in order to avoid collision, and received A and E, which are traffic signaled on the side of the said road, to the right part of the Defendant’s vehicle. In other words, when changing the course to the left part of the course, the said G vehicle stopped on the two-lanes of the said road, the front part of the right side of the said G vehicle, which was parked on the front part of the Defendant’s vehicle, was considered as the front part of the Defendant’s vehicle, and the said G vehicle is closely sealed.