1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff, as an insurer, entered into an automobile insurance contract with respect to the Plaintiff-owned B vehicle (hereinafter “Plaintiff-owned vehicle”), and the Defendant entered into an automobile insurance contract with respect to C (hereinafter “Defendant-owned vehicle”).

B. D, around 00:20 on November 30, 2014, driven the Plaintiff’s vehicle and driven two lanes among the two-lanes of the national highways No. 38 in Pyeongtaek-gu, Pyeongtaek-do, Pyeongtaek-do, J., and collisioned with the rear part of the Defendant’s vehicle parked in the instant road location located at approximately 500 meters prior to the west-gu, Pyeongtaek-do (hereinafter “instant accident location”).

(hereinafter “instant accident”). C.

In the instant accident, the Plaintiff’s driver D and four other passengers died.

By March 27, 2015, the Plaintiff paid KRW 802,390,000,000 as total insurance money for the instant accident.

[Reasons for Recognition] Facts without a partial dispute, Gap-5, Gap-7's evidence 17, Eul-5's evidence 5-2, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment thereon

A. The driver of the Defendant’s vehicle, who claimed by the Plaintiff, parked the Defendant’s vehicle at the location of the instant accident, which is a prohibited parking area, during the night. This led to the instant accident.

Even if the accident location of this case is not a parking prohibition zone, since the accident location of this case is a place that obstructs the traffic of other vehicles, the negligence of the driver of the defendant vehicle should be recognized.

Therefore, the defendant should pay 160,478,000 won and damages for delay equivalent to 20% of the insurance money paid by the plaintiff with the indemnity amount to the plaintiff.

B. In full view of the overall purport of the pleading in each photographic image of Gap evidence 17, Eul evidence 17, Eul evidence 3, Eul evidence 4-2, Eul evidence 5-2, Gap evidence 2, Eul evidence 6-1 through 6, Eul evidence 4-3, and Eul evidence 4, the location of the accident in this case is next to the point where the two-lanes of letter are adjacent to the road and it begins temporarily to extend to three-lanes for bus getting on and off the bus.