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. The Plaintiff is a person who has entered into an automobile insurance contract with C Vehicle (hereinafter “Plaintiff”), and the Defendant is a person who has entered into an automobile insurance contract with D Vehicle (hereinafter “Defendant Vehicle”).

B. On October 17, 2018, at around 22:25, E driving the Plaintiff’s vehicle, sent the H’s I vehicle to the left-hand turn at the front of the F apartment Gdong in Busan Suwon-gu, and shocked the Defendant’s vehicle stopped at the vicinity of the three-distance edge in order to get off the passenger while passing the said three-distance.

(hereinafter referred to as “instant accident”). C.

On November 2, 2018, the Plaintiff paid KRW 11,803,280, which deducts KRW 500,000 of E’s self-paid money from the total repair cost of KRW 12,303,280, as the repair cost of the Plaintiff’s vehicle, to E, who is the driver of the Plaintiff’s vehicle, and KRW 12,581,280.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 16 (including branch numbers, hereinafter the same shall apply) or video, the purport of the whole pleadings

2. The plaintiff asserts that the accident in this case occurred by the whole negligence of the driver of the defendant vehicle who illegally parked in the corner of the road near the crosswalk in the intersection, and thus, the defendant who is the insurer of the defendant vehicle claimed 12,581,280 won as the indemnity amount and damages for delay.

On the other hand, the defendant asserts that the accident of this case was caused by the negligence of the driver of the plaintiff vehicle who was unable to avoid the defendant vehicle due to his neglect of the duty of her prior speed, and thus, it cannot respond to the plaintiff's claim.

3. Determination

A. The facts established prior to the negligence ratio and the evidence as seen earlier are as follows, and H had the Defendant’s vehicle stopped on the front side of the Plaintiff’s front road before he went through the Non-Protection Assistant Team, and the Plaintiff’s vehicle.