1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On March 13, 2016, the Plaintiff’s vehicle was parked at the left edge of the access road to the Seocho-gu Seoul Sports Park (hereinafter “instant road”). However, on March 13, 2016, there was an accident where the Defendant’s vehicle that was driving in the direction to prevent the access road from getting out of the road, and the Plaintiff’s vehicle was not operating, and thus, the Plaintiff’s vehicle shocked with the front part of the Defendant’s upper part of the upper part of the right edge of the vehicle (hereinafter “instant accident”).

C. From June 16, 2016, the Plaintiff

6. On September 5, 2016, the Plaintiff paid KRW 9,947,00 at the repair cost of the Plaintiff’s vehicle, and thereafter filed a petition for deliberation against the Defendant (hereinafter “Deliberation Committee”). On September 5, 2016, the Deliberation Committee rendered a small-scale mediation decision ordering the Defendant to pay KRW 10,150,000 to the Plaintiff.

On October 31, 2016, the Deliberation Committee filed an objection and made a decision of re-deliberation to consider the Plaintiff’s negligence as 10% and the Defendant’s negligence as 90% and to pay KRW 9,135,00 to the Plaintiff on the ground that the Plaintiff’s vehicle was parked illegally. The Plaintiff filed the instant lawsuit on November 4, 2016, within the objection period.

【Fact-finding without a dispute over the ground for recognition, Gap evidence 1 through 7, Eul evidence 1 through 4, and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case occurred due to unilateral negligence that the driver of the defendant vehicle did not properly control the defendant vehicle while driving the vehicle. Accordingly, the defendant's vehicle is at the point of the accident in this case.