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 vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. Around 21:40 on October 28, 2015, the Plaintiff’s vehicle was going to move ahead of the Defendant’s vehicle that was parked in the Dart parking lot located in Chuncheon-si C, but there was another vehicle on the rear side and left behind on the left side, while the vehicle was temporarily turned back to the left side, there was a traffic accident in which the latter part of the Defendant’s vehicle, which was moving back to the right side of the Plaintiff’s vehicle, and the latter part of the back fences of the Plaintiff’s vehicle, are in conflict (hereinafter “instant accident”).

C. On November 27, 2015, the Plaintiff paid insurance proceeds of KRW 863,000 at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, Eul's 1, and the purport of whole pleading

2. According to the above facts, the accident of this case was done by the negligence of the defendant vehicle, who was driven first in order to drive a vehicle parked in the parking lot, and moved back on the rear side after temporarily moving the vehicle in another vehicle, and did not take account of the situation of the rear left behind and another vehicle, and thus, it is reasonable to view the negligence ratio of the plaintiff vehicle and the defendant vehicle as the fault rate of the plaintiff vehicle and the defendant vehicle should be 6:4 in consideration of all the circumstances, such as the place of the accident of this case, the situation of the occurrence, the degree of the collision, and the degree of damage of the vehicle.

Therefore, the defendant is against the plaintiff.