A. The Plaintiff is a mutual aid business operator who has entered into a motor vehicle mutual aid agreement containing a special agreement for accident security for an uninsured motor vehicle with respect to C motor vehicle (hereinafter “Plaintiff vehicle”).

The defendant and the owner of the D vehicle (hereinafter referred to as the "Defendant vehicle") and the driver were insured by the E Co., Ltd. (hereinafter referred to as the "E").

B. On October 22, 2016, around 22:50 on October 22, 2016, the Defendant: (a) concealed the front part of the Plaintiff’s vehicle waiting for the signal while driving the Defendant’s vehicle in the vicinity of the bend area of Gangdong-gu Seoul, Gangdong-gu.

(hereinafter “instant accident”). The instant accident occurred due to the unilateral negligence of the Defendant’s vehicle, and as a result, the driver F of the Plaintiff’s vehicle, the passenger G, and H (hereinafter “victims”) sustained the injury.

C. By April 18, 2018, the Plaintiff paid KRW 1,799,390 to F; KRW 1,124,950 to G; and KRW 5,348,410 to H as insurance proceeds (hereinafter “instant insurance proceeds”).

Meanwhile, with respect to the instant accident, the Plaintiff returned KRW 728,70,88,250,700,702, and KRW 702,020, respectively, after deducting the medical expenses directly paid by E from the medical institution as the insurance proceeds for F, G, and H in relation to the instant accident, and returned KRW 535,345,00 from the I Co., Ltd. according to the insurance contract to which F was a party.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 15 (including branch numbers, if any) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is obligated to compensate the victims of the accident of this case for the damages (medical expenses and consolation money). Thus, by paying the insurance money of this case to the victims, the plaintiff, who acquired the subrogation of the victims' right to claim compensation in accordance with the insurer's subrogation legal principles, deducted the amount returned from the insurance money of this case from another insurance company, 6,218,435 won (=F-related 535,345 won (= insurance money1,799).