1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The plaintiff is an insurer who has concluded each comprehensive automobile insurance contract with respect to the vehicle A (hereinafter the plaintiff vehicle), and the defendant is an insurer who has concluded each automobile insurance contract with respect to the vehicle B (hereinafter the defendant vehicle).

B. On May 24, 2014, around 15:00, an accident took place where: (a) the part on the left-hand part of the Plaintiff’s vehicle driving along the inner road and the part on the left-hand part of the Defendant’s vehicle driving ahead of the parking line, which had been going to park on the parking line, was caused by the accident where the front-hand part of the left-hand part of the vehicle of Hongcheon-gun, Hongcheon-gun (hereinafter “instant accident”).

C. On September 3, 2014, the Plaintiff paid KRW 113,000 as insurance money for the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The plaintiff asserts that the accident of this case was in contact with the defendant's vehicle entering the parking lot when the plaintiff's vehicle driven slowly in the parking lot, and that the accident occurred due to the whole negligence of the defendant's driver who violated the duty of safe driving, and that the plaintiff should pay the full amount of the insurance money paid by the plaintiff to the defendant as the compensation amount.

In regard to this, the Defendant asserted that, while the Defendant’s vehicle first entered front of the parking line in the parking lot and then went back, the Plaintiff’s vehicle, which had arrived late in front of the Defendant’s vehicle, was immediately cut back, and the instant accident occurred, that said vehicle was caused by the previous negligence of the Plaintiff’s driver, and that it cannot respond to the Plaintiff’s claim.

3. If the purport of the entire pleadings is added to the statements or images in the evidence Nos. 1 to 3 of this Decree, the plaintiff who was driven by the defendant vehicle toward the left side on the right side of the front of the parking line in which the accident in this case occurred, when the vehicle arrives first in the front of the parking line in which the accident in this case occurred, and moves back to the parking line.