1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract (hereinafter “instant insurance contract”) with C by setting the insurance period from June 8, 2015 to June 8, 2016, with respect to D motor vehicles, in addition to the special agreement for “injury by Non-Insurance Vehicles” as a collateral.

B. On August 11, 2015, at around 22:53, the Defendant: (a) driven a two-wheeled motor vehicle owned by Codefendant B of the first instance trial (hereinafter “Defendant vehicle”); and (b) driven a two-wheeled motor vehicle owned by the Codefendant B (hereinafter “Defendant vehicle”); and (c) driven a one-lane Dole in front of the G rice farm, which is located in Chuncheon City F, in the front of Chuncheon City, from the sloping slope to the slurbusus, the Defendant shocked the said road without permission from

(hereinafter referred to as the “instant accident”). C was injured by the instant accident, such as the Plaintiff’s rupture on the left side, the Plaintiff’s rupture on the left side, the Plaintiff’s rupture on the left side, and the Plaintiff’s rupture on the left side.

C. The point where the instant accident occurred is a road divided into a roadway and a delivery, and there are commercial buildings on both sides of the road, and the crosswalks installed around the road are not visible, and there are central lines on the center of the road, but no obstacles are installed.

At the time of the instant accident, the Defendant’s vehicle was only liable for damage insurance to the Company, and thus, constitutes “non-insurance motor vehicle” under the instant insurance contract.

E. Accordingly, under the instant insurance contract, the Plaintiff paid KRW 51,908,330,00 in total, including agreed money and medical expenses, as insurance money under a special agreement for securing the “injury caused by Non-Insurance Vehicles” under the instant insurance contract to C, the insured, and ① KRW 15,30,000, and ② KRW 18,149,160 corresponding to the share of double insurance from the Dongbu Fire Marine Insurance Co., Ltd., the liability insurer of the Defendant vehicle, respectively.

F. According to the terms and conditions of the instant insurance contract, the insurance company pays the insurance money or damages to the insured or the claimant for damages.