1. Of the judgment of the court of first instance, the part against Defendant Meritorious Damage Insurance Co., Ltd. shall be revoked, and the revoked part shall be applicable thereto.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with the Defendant A (hereinafter “Defendant”) which includes a special clause on injury security with respect to the automobile B and C (hereinafter “Plaintiff”), and the Defendant Company is an insurer who entered into an automobile comprehensive insurance contract with the Defendant D (hereinafter “Defendant”).

B. On December 13, 2015, at around 21:50, Defendant A used Defendant A’s vehicle that he/she driven from the museum station located in Gwangju Northern-ro 211, to the SKG 189, westwest-ro 189, on the road located in Gwangju Northern-gu west-ro 189, thereby preventing the Plaintiff’s Plaintiff’s Plaintiff’s vehicle twice through his/her Defendant A’s vehicle from driving on two occasions on the ground that he/she does not move to himself/herself, and shocked the Plaintiff’s vehicle twice on the top of the steering force of Defendant A’s vehicle.

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

B suffered injury that requires approximately two weeks’ medical treatment due to the instant accident, and from January 20, 2016 to August 5, 2016, the Plaintiff received medical expenses of KRW 1,387,370 from the Plaintiff as insurance proceeds, and on March 23, 2016, the Defendant received KRW 2 million as agreed money.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, 3, 6, 7, 8, 9

(ii) evidence Nos. (i) and (ii) and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s claim against Defendant A (1) An insurer of a special agreement on coverage of injury by an non-insurance motor vehicle does not take over any risk based on the actual amount of damages of the insured, but takes over only the amount calculated according to the standard for payment of insurance proceeds stipulated in ordinary terms and conditions. Therefore, in cases where an insurer who has entered into a special agreement on coverage pays insurance proceeds to the insured, the scope of vicarious exercise of the insured’s right to claim damages against the obligor for damage pursuant to the proviso of Article 729 of the Commercial Act shall be within the scope of