1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with C as to D vehicles (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to E vehicles (hereinafter “Defendant vehicle”).

B. At around 16:15 on August 21, 2018, the Defendant’s vehicle, in front of G street in the front of Ganannam-gun, Chungcheongnam-do, the front left part of the Plaintiff’s right side of the vehicle, which was located in the direction of I market in the direction of the Jeonnam-do Office, was shocked into the rear part of the Defendant’s vehicle.

(hereinafter referred to as “instant accident”). C.

On September 12, 2018, the Plaintiff paid 797,470 won remaining after deducting KRW 200,000 of the Plaintiff’s self-paid share from the cost of repairing the Plaintiff’s vehicle in accordance with the standard of self-owned vehicle damage security clause.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Eul evidence 1, Eul evidence 1, Gap evidence 4 to 6, the purport of the whole pleadings

2. The parties' assertion

A. The instant accident occurred between the Defendant’s vehicle and the vehicle parked, and the Plaintiff’s driver could not anticipate or avoid the accident.

B. The Defendant’s instant accident occurred due to the Plaintiff’s failure to perform his duty of care on the front time.

At least 75% of the negligence of the Plaintiff’s vehicle, which was directly engaged at the time of the instant accident, should be considered as 75%.

Among the total damages, the amount of damages (200,000 won) that is not compensated to the insurance money paid by the plaintiff to the insured from the defendant's fault ratio of the whole damages should be deducted.

3. Determination

A. We examine the following circumstances, which are recognized in the above basic facts, and recognized by Gap evidence No. 6 images, the location of the accident in this case is a space where vehicles are parked on the roads or both sides of the roads having one-lanes.