1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. On May 18, 2015, around 21:55, the Plaintiff’s driver driven the Plaintiff’s vehicle and driven the Plaintiff’s vehicle to the right side from the Hancheon-gu, Seocheon-gu, Seocheon-si, the Plaintiff’s vehicle’s front side of the Defendant’s vehicle, which was unloaded from the ground to the underground parking lot, and the front side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On May 28, 2015, the Plaintiff paid insurance proceeds of KRW 159,590 to the repair cost of Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 7 and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s assertion that the instant accident occurred is unreasonable for the Defendant’s driver, even though the Plaintiff’s vehicle discovered and suspended the Defendant’s vehicle, while the Defendant’s vehicle was coming to an underground parking lot beyond the center line.

Since this occurred, it was caused by the total negligence of the driver of the defendant vehicle.

Therefore, the defendant is obligated to pay the insurance money and damages for delay paid by the plaintiff to the plaintiff, who is the insurer of the plaintiff vehicle, due to the accident of this case.

(2) The Defendant’s assertion that the instant accident occurred due to the Plaintiff’s failure of the Plaintiff’s driver to yield the course to the Defendant’s driver, who was the Plaintiff’s vehicle, to drive the vehicle on the narrow parking lot where the two costs of the instant accident is insufficient. Rather, the instant accident was caused by the Plaintiff’s total negligence.

B. The passage of the parking lot, which is the place of accident of this case, is separate, as revealed through the above evidence and the facts of recognition.