1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below is revoked, and above.

Facts of recognition

The plaintiff is an insurer who has entered into an automobile insurance contract with respect to B Lat Vehicle (hereinafter referred to as "Plaintiff vehicle").

On January 14, 2016, around 09:45, the driver C of the Plaintiff’s vehicle parked the Plaintiff’s vehicle in a type parking facility in Yeongdeungpo-gu Seoul Metropolitan Government.

The above parking facility is a structure in which the vehicle is parked on the transport stand and the vehicle is received in a vertical way after operating a set.

(hereinafter) On-the-spot photographs). The Defendant parked the Plaintiff’s vehicle on the transport stand, and had the Plaintiff operate a set to park the Defendant’s vehicle in the above parking facility before leaving the vehicle on the vehicle, and accordingly, the transport cost at which the Plaintiff’s vehicle is located was left above.

The driver of the plaintiff vehicle opened a driver's seat in order to inform him/her of his/her vehicle while the transport cost is coming from work, and in this case, the driver's seat door attached to the structure of the parking facility so that the above parking facility is damaged.

The notice at the bottom of the operating device at the time includes the warning phrase "persons in the vehicle at the time of use of the parking machine, the need for use after checking without confirmation."

On March 24, 2016, the Plaintiff paid KRW 8,300,000 as insurance money for physical damage caused by the instant accident to the said parking lot.

【In light of the fact that there is no dispute, Gap 1 through 7’s statement, and the purport of the entire pleadings, the defendant has a duty of care to prevent safety accidents by ascertaining whether there is a person on the parked vehicle prior to the operation of the set of parking facilities, and even at the end of the set of operating equipment at the time, such notice was attached to the lower end of the set of operating equipment. However, the defendant neglected to do so and caused the operation of the set of equipment while the person did not get off the vehicle.

On the other hand, as seen above, vehicles work together with the transport stand.