1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal and the incidental costs thereof shall be individually considered.

1. The parties' assertion

A. A caused a traffic accident (hereinafter “instant accident”) by negligence by the driver of the vehicle that the Plaintiff alleged to have subscribed to the Plaintiff’s automobile insurance (hereinafter “Plaintiff’s automobile”). A was injured due to the said accident.

However, the above accident occurred while the driver of the plaintiff's vehicle was driving while avoiding the illegal parking vehicle, and the above illegal parking vehicle (hereinafter "the defendant's vehicle") was covered by the defendant's automobile insurance.

The plaintiff paid damages to A, and since the negligence of the defendant's vehicle in the above accident is at least 40%, the defendant is obligated to pay 40% of the above damages to the plaintiff.

B. The Defendant’s assertion that the instant accident occurred entirely due to the Plaintiff’s violation of the duty to keep the Plaintiff’s driver on front time and the driver’s accommodation, and there is no proximate causal relation with the Defendant’s illegal parking of the vehicle.

2. The facts that there is no dispute over the establishment of a joint tort, comprehensively taking account of the overall purport of the entries and arguments in Gap evidence 2-1 through 6, and evidence 4-1 through 4-4, Eul may recognize the fact that the plaintiff's side of the plaintiff's automobile owned by Eul around December 26, 2013, while driving the plaintiff's automobile owned by Eul around December 22 and 33, 2013, the four-lanes of the fourth-lane road adjacent to the U.S. subway station in Busan north-gu, Busan, which was illegally parked in the direction of Yangsan City, are delayed behind the defendant's side of the defendant's automobile parked in the direction of Yangsan-si, and caused the plaintiff's injury requiring a four-day medical treatment, such as the cutting off of a divermosome, etc. due to the above accident.

According to the above facts, the accident of this case occurred as a joint cause of violation of B's front-time and duty of safe driving, and illegal parking of vehicles on the defendant side, and C and D are operators under the Guarantee of Automobile Accident Compensation Act and joint tortfeasors.