1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 1, 201, at around 08:10, A driven a B-owned vehicle (hereinafter referred to as “Plaintiff-owned vehicle”) and proceeded with a road near the street of a pilot of Seongdongdong-gu Seoul Metropolitan Government, while changing the car line, a driver of the Plaintiff-owned vehicle was injured (hereinafter referred to as “instant accident”) due to the shock of the D-Obaba of C Driving, which was under the influence of the Maroba (hereinafter referred to as “Obaba in this case”).

B. The Plaintiff, as an insurer who entered into an automobile insurance contract with respect to the Plaintiff’s vehicle, paid KRW 507,130 for medical expenses to A until November 26, 2011.

[Ground of recognition] Facts without dispute, Gap's statements or images, and the purport of the whole pleadings

2. Determination on the assertion and issues

A. The plaintiff asserted that the defendant is the insurer who has concluded two-wheeled Automobile Insurance against the Oral Ba in this case owned by the defendant, and the accident in this case occurred by the plaintiff's negligence that the driver of Oral Ba in neglecting the duty of ex officio, and that the plaintiff was transferred his right to claim damages against the defendant. Thus, the defendant asserts that the defendant is the insurer of Oral Ba who is a joint tortfeasor, and the plaintiff is obligated to claim the total amount of the insurance amount equivalent to the medical expenses paid to A., and the defendant did not have the defendant's obligation to pay the insurance amount due to the accident occurred before the period of liability for the insurance contract between the defendant and C begins, and the insurance amount paid by the plaintiff cannot be the subject of subrogation by the insurer

Therefore, the issue of the instant case is whether the Defendant is liable to pay the insurance money as the insurer of the Oral Ba at the time of the instant accident, and this is examined first below.

B. Determination of the issue is examined, and the insurer’s liability is from the time of receiving the initial premium, unless otherwise stipulated.