1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a car insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. On February 27, 2018, at around 13:01, the Plaintiff’s vehicle proceeded along the first lane between the three-lanes in the vicinity of the Seoul Southern East-dong, Gangnam-gu, Seoul, while changing the two-lanes, there was an accident that conflicts between the left part of the Defendant’s vehicle, which was located along the two-lanes of the same road and the right part of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. The instant accident caused injury to the Plaintiff’s winners of the vehicle, E, and F, each of whom was 4,050,820 won in total (i.e., medical expenses of KRW 2,250,820 in total) and F in total (i.e., medical expenses of KRW 1,80,000 in total) and KRW 2,694,890 in total (i.e., medical expenses of KRW 1,694,890 in total) in terms of medical expenses and the amount agreed upon by September 14, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 11, and Eul's 1, the purport of the whole pleading

2. The parties' assertion

A. The Plaintiff’s assertion that the accident of this case occurred in competition between the Plaintiff’s vehicle and the Defendant’s vehicle’s negligence. After the accident of this case, the Plaintiff and the Defendant agreed on the rate of negligence 90:10, and in the case of the Plaintiff’s passenger E and F, the treatment costs exceed their amount of damages. As such, pursuant to Article 3 subparag. 2 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act, the Defendant shall pay the Plaintiff as its indemnity the sum of KRW 1,200,000, the total amount of KRW 2,400,000, each of the liability insurance proceeds falling under E and F’s 12:3 of the injury supply

B. The Defendant’s assertion that the instant accident occurred due to the total negligence of the Plaintiff’s vehicle, and there is no responsibility for the Defendant’s vehicle. The Defendant’s negligence is part of the Defendant’s vehicle.