1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. Basic facts

A. At around 15:20 on September 3, 2018, C driven the E-vehicle owned by D, a spouse (hereinafter “Plaintiff-owned vehicle”) and entered the same parking lot in Gyeyang-gu, Seoyang-gu, Seoyang-gu (hereinafter “Defendant-owned vehicle”) while leaving a slope in order to leave the underground parking lot in Goyang-gu, Seoyang-gu, Seoyang-gu, and caused an accident where the front side of the Plaintiff’s vehicle and the front side of the Plaintiff’s left side (hereinafter “instant accident”).

B. The Plaintiff, an insurer that entered into an automobile insurance contract with D, paid the remainder of KRW 1,030,870,000, which remains after subtracting KRW 200,000 from the repair cost of the Plaintiff’s vehicle from KRW 1,230,870 by September 14, 2018.

C. The defendant is an insurer who has entered into an automobile insurance contract for the defendant vehicle.

[Reasons for Recognition] Facts without dispute, Gap 1 through 8, Gap 10 evidence, Eul 1 through 3 respectively, and the purport of the whole pleadings.

2. Assertion and determination

A. The Plaintiff’s assertion that the instant accident occurred while the Plaintiff’s vehicle stops on the wall of the parking lot. As such, the Defendant is jointly and severally liable with the Defendant’s driver for compensation for damages incurred by D due to the instant accident.

However, since the plaintiff paid the repair cost of the plaintiff's vehicle as insurance money, D's above claim is subrogated in accordance with Article 682 of the Commercial Act.

B. Comprehensively taking into account the video of the evidence Nos. 7 and 10 evidence, the instant accident is deemed to have contributed together to the Plaintiff’s driver and Defendant’s driver’s negligence, and it is reasonable to view the Plaintiff’s driver’s fault ratio as 50% in light of the background of the instant accident.

Therefore, the plaintiff can pay insurance money and exercise it.