1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff is an insurer that has entered into an automobile insurance contract for edicar (Reacar) (hereinafter “instant insurance contract”) with A with respect to B vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid contractor that entered into a mutual aid agreement with Incheon Traffic Co., Ltd. (hereinafter “Defendant”) with respect to the taxi due to an accident that occurred during the operation of the said taxi.

B. On November 16, 2012, around 17:26, the Plaintiff’s vehicle driven at the intersection of the Republic of Korea, Seo-gu, Seo-gu, Seo-gu, Incheon, Seo-gu, Incheon, for a non-protective left-hand turn, an accident that conflicts with the Defendant’s vehicle, which was located on the left-hand side of the Plaintiff’s vehicle (hereinafter “instant accident”), and A suffered injury, such as a multi-dive chronon that requires approximately two weeks of treatment due to the instant accident.

C. Under the instant insurance contract, the Plaintiff paid KRW 850,000 as damages on November 21, 2012 (i.e., KRW 415,220 as damages for future treatment expenses, KRW 184,780 as damages for future treatment expenses, KRW 250,00 as damages for future treatment expenses), and paid KRW 259,980 as damages for two interest rate A received medical treatment on November 23, 2012.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion was that the Plaintiff paid 1,109,980 won for agreed money and medical expenses (=850,000 won 259,980 won) due to the instant accident (i.e., 850,000 won). Accordingly, pursuant to Article 682 of the Commercial Act, the Plaintiff and the Defendant subrogatedly acquired the right to claim damages against the Defendant pursuant to Article 682 of the Commercial Act. Since the Plaintiff and the Defendant agreed on the ratio of the Plaintiff’s vehicle and the Defendant’s vehicle due to the instant accident to 8:21,99,980 won (=1,109,980 won x 20%) paid to A.

However, the injury suffered by A is stipulated in attached Table 1 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (hereinafter “Act”).