1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is an insurer who concluded an individual automobile insurance contract with respect to B and CS5 automobiles on August 16, 2013, with the insurance period D and the insurance period from August 16, 2013 to August 16, 2014.

B. On April 22, 2014, while under the influence of alcohol on April 22, 2016:55, E was a traffic accident (hereinafter “instant accident”) that led to the collision of the road’s right direction wing and the left center separation zone while driving a F-Ping Motor Vehicle (hereinafter “Wing Motor Vehicle”) owned by the Defendant and driving on the road located in 55-4, YY-gu, Yansan-gu, Chungcheongnam-si.

The accident in the instant case suffered injuries, such as D's blood transfusion, d's d's d's d's d's s'aculatory s'aculty, etc.

C. Since the Maritime Fire Insurance Co., Ltd. was subscribed only to the liability insurance of the Hyundai Marine Fire Insurance Co., Ltd., the Plaintiff paid KRW 53,379,800 to D as the non-life insurance amount by November 30, 2015 under the said personal automobile insurance policy.

On the other hand, the Plaintiff received KRW 15,000,000 from Hyundai Marine Fire Insurance Co., Ltd.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 5, and 10, and the purport of the whole pleading

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Defendant is the owner of a sea-going vehicle, and as an operator under Article 3 of the Guarantee of Automobile Accident Compensation Act (hereinafter “The Automobile Accident Compensation Act”), D is liable to compensate for all damages incurred by the instant accident.

Since the Plaintiff paid the non-life insurance premium to D, the Plaintiff sought payment of KRW 38,379,800 (=53,379,800 - 15,000 won) from D within the scope of the right to claim damages against the Defendant under the insurer subrogation provisions under the Commercial Act and the insurance terms and conditions.

B. The summary of the Defendant’s assertion has to lend money to the Defendant several times by intimidation after having sexual assaulted by workplace E, a working partner E.