1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with the Ethball vehicle owned by C (B before the name of the Plaintiff) (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with the G rocketing vehicle owned by F (hereinafter “Defendant vehicle”).

B. At least 17:50 on April 11, 2018, the Plaintiff’s vehicle proceeding to the south of Gyeyang-gu Incheon Metropolitan City H from the north (in the case of an accident, from the I room to the J restaurant) and proceeded to the left at approximately 20 meters left before the Kdong community service center, and stopped from the Defendant’s vehicle on the left side after approximately one meter away from the Defendant’s vehicle parked on the left side.

L L is a side road with no median line, and the width of the road is sufficient to walk the 3rd vehicle. At the time when the plaintiff's vehicle stops, various vehicles, including the defendant's vehicle, have been parked on the left and right of the road.

C. M, riding a bicycle on the south from the south to the north (in the case of an accident, from the J-cafeteria, to the front side) of the K-dong community service center, led to the right-hand side of the Plaintiff’s vehicle to avoid it, while discovering the Plaintiff’s vehicle and going to the left-hand side of the Plaintiff’s vehicle, M, without passing through the Plaintiff’s vehicle and the Defendant’s vehicle, shocked the parts of the Defendant’s vehicle’s right-hand side to the rearer and the right-hand side, and shocked the part of the bicycle’s left-hand side and the part of the bicycle’s left-hand side of the Plaintiff’s vehicle.

(hereinafter referred to as the “instant accident”) D. D.

On June 12, 2018, the Plaintiff paid KRW 4,880,880 for medical expenses of M in accordance with the automobile insurance contract, and the Defendant also paid KRW 765,760 for medical expenses of M in accordance with the automobile insurance contract.

E. The total amount of damage of M related to the instant accident is KRW 5,646,640 (= KRW 4,880,880 paid by the Plaintiff).

F. Meanwhile, the Plaintiff against the Defendant at N Committee.