1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

1. Basic facts

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

B. At around 22:00 on February 12, 2019, the Plaintiff’s vehicle was parked in the parking zone partitioned by parking lines, and the Defendant’s vehicle was parked in the right-hand parking zone of the Plaintiff’s vehicle.

C. The Plaintiff’s driver accepted the insurance with the purport that “the Plaintiff’s driver was damaged by shocking the right side of the Plaintiff’s vehicle while opening the back door of the Defendant’s vehicle,” and the relevant damaged part was repaired.

On April 5, 2019, the Plaintiff paid KRW 120,000 (excluding KRW 200,000 for self-charges) at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The assertion and judgment

A. The parties’ assertion that the Plaintiff destroyed the Plaintiff’s vehicle by unilateral negligence during the operation of the Defendant’s vehicle. Thus, the Defendant, the insurer of the Defendant’s vehicle, asserts that the Plaintiff should pay the Plaintiff the indemnity amount of KRW 120,000, and the delay damages therefrom, which the Plaintiff acquired by subrogation.

In this regard, the defendant asserts that there is no sufficient fact that the plaintiff's vehicle was shocked by the back text of the defendant's vehicle.

B. According to the voice of Gap evidence No. 9, on February 13, 2019, the driver of the defendant vehicle directly called "the driver of the plaintiff vehicle," and "the driver of the defendant vehicle, who was in contact with the plaintiff vehicle and cocks," and "the driver of the defendant vehicle, who was in contact with the plaintiff vehicle and cocks. It is about to cocks. It is about to cock the deposit." The driver of the plaintiff vehicle at this time, because there is no balance in the passbook at present, will send money to 20 days," and the driver of the vehicle at this time means that "the driver of the plaintiff vehicle is waiting for 20 days because there is no 100,000 won," and the driver of the original vehicle