Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with D (contractor and insured) for the C-Vehicles (hereinafter “Plaintiffs”). The Defendant is a mutual aid insurer who entered into an automobile mutual aid contract with E (hereinafter “E”) for F-cargos (hereinafter “Defendant”), and the Defendant is a mutual aid contractor who entered into an automobile mutual aid contract with E (hereinafter “E”).

B. D, around 19:50 on October 16, 2017, driven the Plaintiff’s vehicle, changed the course to three-lanes from the intersection to the intersection of the Seocho-gu Incheon Metropolitan City Highway from the intersection of the Seo-dong Highway, the end part of the Defendant’s vehicle, which was illegally parked at least an engine on the side side on the front side of the road to stop on the right side for the purpose of stopping, became the front part of the Plaintiff’s vehicle.

(hereinafter referred to as “instant accident”). C.

Due to the instant accident, D was injured, and the Plaintiff paid D totaling KRW 12,923,870 from December 12, 2017 to July 6, 2018 under the instant insurance contract. The Defendant, separate from the amount paid by the Plaintiff, paid KRW 693,250 for medical expenses from February 20, 2019 to February 6, 2020, and paid KRW 8,263,250 for the sum of KRW 7,570,00 for the agreed amount on February 5, 2020.

Meanwhile, among the terms and conditions of the insurance contract of this case, the content of compensation for personal physical accidents is as follows: in case the insured owns, uses, or manages the insured motor vehicle, and in case the doctor needs to be treated as a direct result, the insurer shall deduct the amount of compensation for personal physical accidents from the medical expenses actually spent in accordance with the classification of the criteria for payment of personal bodily accidents and the table of the purchase amount of insurance for each class, in case of the accident with the other motor vehicle, from the amount of the automobile insurance (including the mutual aid agreement) covered by the other motor vehicle and the amount of compensation for personal injury Class II.