1. The plaintiff's obligation to pay damages or insurance money to the defendant with respect to the accident stated in the attached Form.

1. Facts of recognition;

A. On April 16, 2016, at around 22:30, the Defendant driven a scambling vehicle B (hereinafter “Defendant vehicle”) with the alcohol concentration of 0.297% around the Ayang apartment located in the Ayang-dong located in Ansan-si, while driving the vehicle as one-lane, and driving the vehicle as the one-lane B (hereinafter “Defendant vehicle”) with the alcohol concentration of 0.297%, and caused an accident that conflicts with C5 tons truck (hereinafter “Plaintiff vehicle”), which was parked on the opposite lane in the center line, (hereinafter “the instant accident”).

B. In the instant accident, the Defendant suffered bodily injury, etc. due to the instant accident.

C. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with D with respect to the Plaintiff’s vehicle from May 2, 2015 to May 2, 2016.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 3 (including additional number), Eul evidence 2, Eul evidence 3, the video of the evidence 3, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred due to driving on a roadside in the state where the Plaintiff was running, and there is no proximate causal relation with the Plaintiff’s vehicle parked on the one lane opposite to the direction of the Defendant’s running. Therefore, the Plaintiff did not have the obligation to pay damages to the Defendant due to the instant accident.

3. Determination

A. In light of the facts without dispute, Gap evidence No. 2’s overall purport of the pleadings, even if the plaintiff’s vehicle was negligent in parking on one lane opposite to the defendant’s moving direction, there is no proximate causal relation between the illegal parking of the plaintiff’s vehicle and the accident of this case for the following reasons.

(1) The instant accident is a straight line, and it is difficult to anticipate that the instant vehicle that proceeds from the opposite lane in the instant road is running along the center line, because the instant road is a straight line and there is no problem in securing the view of the road due to street lights at night.

(2) The Defendant is a stroke of 0.297% stroke.