A. The Plaintiff is an insurer who has entered into an automobile insurance contract containing a special agreement on accident security with respect to B vehicles with respect to B, and the Defendant is the owner of CDap Vehicle (hereinafter “instant vehicle”) and the user of A.

B. The instant vehicle is a vehicle used by the Defendant for business purposes. A, an employee of the Defendant, was a vehicle of this case with E (D) and F, which is another employee, and was approved by D, while the Defendant’s operation of the instant vehicle was approved.

C. After drinking, A transferred the key of the instant vehicle to E at the request of E, and E, around 22:20 on July 12, 2014, while driving the instant vehicle and driving the instant vehicle to the front of G at the seat of the NAsan City, the said vehicle was turned away from the road to the right side of the front part of the instant vehicle while driving the instant vehicle at the seat of the NAsan City to the front side of the water station, and then, he was killed at the site, and A, who is the passenger of the instant vehicle, suffered bodily injury, such as the Y, etc., on the front part of the instant vehicle.

(hereinafter “instant accident”). D.

The Plaintiff paid KRW 48,937,310, and KRW 220,076,370,060, total of the agreed amount of KRW 171,139,060 and KRW 171,139,060, as insurance proceeds until August 31, 2015 of the medical expenses incurred from the instant accident, and received KRW 61,065,070,070 from the Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tsung Fire”) until September 18, 2015.

(E) Since the driver's license was revoked, Samsung Fire, the insurer of the instant vehicle, paid only the liability insurance money. (E)

Article 39(1) of the General Terms and Conditions of Insurance Contract concluded between the Plaintiff and A (hereinafter “instant Insurance Terms and Conditions”) shall be “When an insurance company pays insurance money or damages to the insured or claimant for damage, it shall acquire the rights of the insured against a third party within the scope of insurance money or damages paid.

However, the amount of indemnity made by an insurance company shall be insured.