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

Facts of recognition

A. The Plaintiff is the owner of AST5 car (hereinafter “Plaintiff vehicle”) as a car rental business entity, and the Defendant is a mutual aid business entity which has concluded a mutual aid agreement with respect to B cargo vehicle (hereinafter “Defendant vehicle”).

B. On February 7, 2015, around 12:29, there was an accident of collision between the original Defendant and the vehicle in progress for parking in the D resting parking lot located in Ischeon-si C. On the other hand, the Plaintiff’s vehicle, which was pushed down due to the shock, conflict with the left part of the E freight vehicle parked on the right side of the direction.

(hereinafter “instant accident”). In the case of the Plaintiff’s vehicle, the part of the collision between the Defendant and the Defendant’s vehicle was from the left door to the rear gate, and in the case of the Defendant’s vehicle, the part adjacent to the right side.

[Ground of recognition] In the absence of dispute, the instant accident occurred by the Defendant’s vehicle, which was proceeding on the left side of the Plaintiff’s vehicle, without discovering the Plaintiff’s vehicle and under the direction to the right side, based on the direction of the Plaintiff’s argument of the parties to the occurrence of liability for damages as a whole, as stated in Gap’s 1, 2, and Eul’s 1, and 3.

Therefore, the accident of this case is caused by the defendant's total negligence.

E (A-Plaintiff Vehicles, B-Defendant Vehicles) Defendant’s assertion that the instant accident occurred at the same time while the Plaintiff’s vehicle that was driven by the Defendant was driven by the right-hand for parking. Therefore, the negligence of Plaintiff’s vehicle is at least 80%.

(Ma1) In full view of the following circumstances: (a) the original Defendant’s vehicle was proceeding in the same direction within the parking lot for the rest area; and (b) the accident between the vehicle driving in the same direction is basically negligent in changing the course; and (c) the accident of this case is proceeding with the neighboring vehicle in changing the course for parking.