A. The Plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract with D, which includes a special agreement on accident security with respect to the motor vehicle with respect to the motor vehicle without insurance, and the Defendant is the owner of the Fwheeled vehicle (hereinafter “Defendant vehicle”), who has entered into a liability insurance contract with the Plaintiff for the motor vehicle with respect to the Defendant.

B. On July 24, 2015, around 23:20, the Defendant’s employees C driven the Defendant’s vehicle from the first lane of the fourth-lane (seven-lane) road near the 88-lane in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, into the south cycle, into the private-distance slope of the entrance of the Education Support Office. The Defendant’s vehicle was driving the Defendant’s vehicle from the south cycle as the private-distance slope of the entrance of the Education Support Office. There was an accident corresponding to D’s children G crossing the road without permission (hereinafter “instant accident”).

G suffered from the left-hand slots of the instant accident, such as the fact that the G suffered from the high-rankings of the top-hands.

C. From August 31, 2015 to October 12, 2016, the Plaintiff: (i) KRW 36,839,520, total of G medical expenses, etc. incurred from the instant accident (i.e., hospital treatment expenses and direct non-payment treatment expenses of KRW 15,442,70; (ii) KRW 21,00,000; (iii) 21,945,036 (i.e., 14,931,296 x 80%) 89,600 (other injury charges x 80%) x 80% of the total amount of medical treatment expenses (i.e., 112,00 x 80%) x basic amount of KRW 190,820; and (iv) x 305% of the total amount of non-scheduled medical expenses (i.e., 300, 198) insurance contracts).

Meanwhile, the Plaintiff returned KRW 8,679,530 under the insurance contract with the Defendant on the ground of the instant accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (if there are additional numbers, including each number; hereinafter the same shall apply), purport of whole pleadings

2. The parties' arguments.