1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract for D-large truck (hereinafter “Plaintiff-vehicle”) with CFF, and the Defendant is an insurer who has entered into an automobile insurance contract for E (hereinafter “Defendant-vehicle”).

B. Around 10:14 on December 14, 2017, the driver of the Defendant’s vehicle driven the Defendant’s vehicle and driven the Defendant’s vehicle along the one-lane (two-lane) road in the vicinity of the G association storage warehouse located in the Gangnam-gun F (hereinafter “instant intersection”), the front part of the Defendant’s vehicle, along the front part of the Defendant’s vehicle, driven the front part of the driver’s seat on the left part of the vehicle and the rear part of the cargo partitions, which driven the Plaintiff’s vehicle into the right side of the direction of the vehicle.

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

In order to compensate for damages caused by the instant accident, the Defendant paid KRW 19,130,00 to the insured of the Defendant’s vehicle, and filed a claim for dispute against the Plaintiff under the mutual agreement on automobile insurance I by asserting that the instant accident occurred due to the competition between the Plaintiff’s driver and the Defendant’s driver’s negligence. On June 4, 2018, the I Committee recognized the ratio of the Plaintiff’s driver’s liability to the Plaintiff’s liability to the Plaintiff as 35% in the instant accident occurred, and made a decision to deliberate on and coordinate (hereinafter “decision to deliberate and coordinate the instant case”) to provide the Plaintiff with the amount equivalent to the ratio of the Plaintiff’s driver’s liability (=695,500 won), out of the insurance amount the Defendant paid to the Defendant (i.e., KRW 19,130,000 x zero.

On January 31, 2018, the Plaintiff paid KRW 3,826,00,00, which was prior to the decision to deliberate and coordinate the instant case, to the Defendant as a reimbursement, and paid KRW 2,869,500 additionally on June 27, 2018 (i.e., KRW 6,695,500 - KRW 3,826,00) according to the decision to deliberate and coordinate the instant case, and then filed the instant lawsuit against the decision to deliberate and coordinate the instant case.

[Reasons for Recognition]