2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the automobile E (hereinafter “Plaintiff”), and the Defendant is the driver of the FOba (hereinafter “Defendant Oba”).

B. On November 20, 2016, the Defendant conflict with the part on the left side of the Plaintiff’s vehicle, which was driven by Defendant Oba in front of the front bank while driving the Defendant Oba in the five-lane road in the vicinity of the long bank road in Seongbuk-gu Seoul Metropolitan City.

(hereinafter referred to as "the accident of this case". (c)

After the instant accident occurred, the Plaintiff paid KRW 6,063,740 as the Defendant’s medical expenses to the hospital that received treatment by June 9, 2017, in accordance with the advance payment provision of Article 11 of the Guarantee of Automobile Accident Compensation Act (hereinafter “Voluntary Compensation Act”) at the Defendant’s request.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the accident of this case occurred due to the plaintiff's previous negligence because the defendant continued to proceed in the right direction without properly examining the front section of the plaintiff's vehicle, even though the plaintiff's vehicle had entered the first lane, and continued to conflict with the plaintiff's vehicle. Thus, it cannot be deemed that there was any negligence on the occurrence of the accident of this case. Thus, the defendant is obligated to refund the plaintiff's advance payment 6,063,740 won and damages for delay paid by the plaintiff pursuant to Article 11 (3) through (4) of the Act.

(b) Where a policyholder, etc. has killed or injured another person due to the operation of a motor vehicle, the victim may request the insurance company, etc. to pay the full amount of motor vehicle insurance medical fees as advance payment, as prescribed by Presidential Decree, and the insurance company, etc. shall compensate for the damage to the policyholder, etc. after advance payment