1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim brought at the trial.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C vehicles and D vehicles (hereinafter “Plaintiff 1 and 2 vehicles”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to E vehicles (hereinafter “Defendant vehicle”).

B. Around 09:05 on July 26, 2017, Plaintiff 1 and two vehicles were parked on the three-lane side of the G Driner in the Namyang-si F, Namyang-si. However, the Defendant 1’s driver, while operating the relevant branch, was the first collision between Plaintiff 2 and Plaintiff 2, while the vehicle was parked on the rear side of Plaintiff 1, and the second collision between Plaintiff 2, while the vehicle was pushed down on the shock, the vehicle was destroyed by Plaintiff 1 and 2, and the Defendant 1 and H was injured by Defendant 1, and the Defendant 1 died.

(hereinafter referred to as “instant accident”). C.

By December 28, 2017, the Plaintiff paid KRW 2,653,890 as repair cost for Plaintiff 1’s vehicle, and paid KRW 9,004,00 as repair cost for Plaintiff 2’s vehicle, and paid KRW 11,657,890 in total.

(Deduction of Self-Payment).

By November 9, 2017, the Defendant paid KRW 285,093,820 to the Defendant vehicle passenger I with medical expenses and the agreed amount, and KRW 4,987,120 to the driver H with medical expenses and the agreed amount.

[Evidence] Facts without dispute, Gap evidence Nos. 1 through 4, 6, Eul evidence No. 1, 6, 7, the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The plaintiff asserts that the accident of this case occurred by negligence of the driver of the defendant's vehicle. The plaintiff asserts that the accident of this case occurred by negligence of 100% of the driver of the defendant's vehicle, and claim payment of the total insurance money to the defendant as the principal claim for reimbursement and damages for delay.

(2) As to the Defendant, the instant accident occurred by the negligence of the Plaintiff 1 and 2, who had been illegally parked in a location where parking and stopping is prohibited as well as the Defendant’s vehicle, and the negligence on the part of the Plaintiff is minimum.