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 automobile insurance contract with DSS7 vehicle (hereinafter “Defendant vehicle”) with respect to C SP vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is an insurer who has concluded each automobile insurance contract with the Defendant.

B. On September 29, 2017, while the Plaintiff’s vehicle was bypassed to leave the parking lot entrance, there was an accident that contacts the right side of the Plaintiff’s vehicle with the front part of the Defendant vehicle waiting on the right side of the Plaintiff’s vehicle.

C. On October 27, 2017, the Plaintiff paid KRW 291,400 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1 and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The summary of the cause of the claim is that the Defendant’s vehicle in the front of the vehicle in the front of the vehicle in the front of the vehicle in the front of the vehicle in the front of the vehicle in front of the right to contact with the Defendant vehicle.

In other words, the instant accident was an accident caused by the total negligence of the Defendant vehicle, and since the Plaintiff paid the repair cost of the Plaintiff vehicle, the Defendant is obligated to pay KRW 291,400 to the Plaintiff pursuant to Article 682 of the Commercial Act.

B. According to the facts of recognition, the accident in this case occurred due to contact with the Defendant’s vehicle, which was parked on the right side at the entrance of the parking lot, and since the Plaintiff’s vehicle was left at the entrance of the parking lot before entering the parking lot, the driver of the Plaintiff’s vehicle knew that the Defendant’s vehicle was stopping on the right side at the time of entering the parking lot entrance.

Nevertheless, the driver of the Plaintiff’s vehicle appears to have caused the instant accident by failing to verify the right before the right-hand, and to secure the revolving. The negligence of the driver of the Plaintiff’s vehicle is the instant accident.