1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with A for BMW car (hereinafter “Plaintiff”), and the Defendant is the company that manages the mechanical parking machine in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant parking machine”).

B. On December 24, 2015, A parked the Plaintiff’s vehicle in the instant parking machine on December 19:41, 2015, and at the time of parking, at the time of parking, the bitke was closed, and the vehicle key was stored in the restaurant box visited at the time of parking.

C. At around 19:50 on the same day, the instant parking machine manager operated the instant parking machine to park a frist vehicle, and the parking machine did not have any reaction.

As a result, the above manager confirmed the repair engineer around 20:40, the Plaintiff’s vehicle was damaged by the Twitk part of the parking machine site, the DSS7 vehicles and tebrates parked away from the parking machine floor, and Ebrate vehicles were damaged by the parts of the Ebrates.

(hereinafter “instant accident”) e.

On January 11, 2016, the Plaintiff paid KRW 2,360,000 as the repair cost for the Plaintiff’s vehicle.

F. As a result of the Defendant’s verification of the breakdown of the instant parking machine through a specialized company, it was investigated that there was no special trouble, and thereafter, the Defendant continued to use the instant parking machine without any separate repair, and on the other hand, the said parking machine was conducted a regular inspection every two years by the Korea Parking Safety Institute, which was the most recent regular inspection conducted around November 10, 2016.

G. On the instant parking machine, in the event there are obstacles beyond the front and rear left, such as in the case where the vehicle door is opened, a reduction is installed to stop the operation of the mechanical device by detecting it, while there is no consensus to reduce the opening and closing of the between the two vehicles.

【Legal basis for recognition】