A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On August 8, 2014, at around 04:18, C, while driving the Plaintiff’s vehicle and driving the Plaintiff on an official zone, there was an accident of collision with the Defendant’s vehicle (hereinafter “instant accident”) while driving on a 247.4km km in the direction of the river on the Yananananan Seoan Seoan Seoan Seoan Seoan Seoan Seo-do Highway (hereinafter “instant accident”), and due to the said accident, C suffered injury, such as a slope of the right satisfaction and the volume and the frame of the right satisfaction.

C. The negligence of the Plaintiff’s vehicle in relation to the instant accident is 50% and the negligence of the Defendant’s vehicle is 50%.

C filed a claim against the Plaintiff for insurance proceeds under the “automobile injury” security in relation to the instant accident. From February 1, 2016 to February 1, 2016, the Plaintiff paid a total of KRW 20,842,300 to the medical expenses of C, and received total of KRW 9,00,000 from the Defendant around February 13, 2015 and October 16, 2015. On October 15, 2015, the Plaintiff paid KRW 87,400,000 (hereinafter “instant insurance proceeds”) as insurance proceeds under the pretext of the instant injury, such as lost profit and consolation money, and future medical expenses.

E. On October 15, 2015, C drafted an agreement with the Plaintiff to the effect that “C shall delegate to the Plaintiff the right to claim damages against the obligor for damages within the scope of the insurance money received in relation to the instant accident,” while receiving the instant insurance money from the Plaintiff, such as lost profit and consolation money due to the latter disability, etc.

F. Meanwhile, the terms and conditions of the Plaintiff’s insurance are as follows.

Article 34 (Subrogation of Insurance Company) (1) Where an insurance company has paid insurance money or damages to the insured or claimant for damage, it shall be limited to insurance money or damages paid.