1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a corporation that runs automobile insurance business, etc., and is an insurer that has concluded a comprehensive automobile insurance contract with respect to the vehicle E (hereinafter “Plaintiff”) with D as the insured, and the Defendant is the owner and driver of F vehicle (hereinafter “Defendant vehicle”).

B. On January 25, 2018, the Defendant: (a) driven the Defendant’s vehicle and driven the two lanes on the three-lane road in front of the H located in G in the original city, while avoiding an unexpected vehicle coming from the direction of a large line at the three-lane, the Defendant: (b) contacted the front of the Defendant’s vehicle; and (c) the Plaintiff followed the Plaintiff’s vehicle following the vehicle, who was traveling on the front of the Defendant’s vehicle (hereinafter “non-party vehicle”); (d) followed the Plaintiff’s vehicle shocked the rear of the non-party vehicle.

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

The Plaintiff paid KRW 27,601,620 as insurance money to the driver J of Nonparty 1, the driver D of the Plaintiff, the driver D of the Plaintiff, and the passenger KR(D’s children) as follows. The Plaintiff paid KRW 27,601,620 as insurance money to the Plaintiff, KRW 13,386,820, KRW 9,917,00 for self-motor vehicle damage of KRW 669,290 for self-motor vehicle damage of KRW 9,917,00 for self-motor vehicle damage of KRW 484,710 for the Plaintiff.

2. The parties' assertion

A. The Plaintiff’s assertion (1) The Plaintiff paid the insurance money to D and K under the insurance contract due to the instant accident, while paying the insurance money to J and jointly discharged by the Defendant, who is a joint tortfeasor, the Plaintiff acquired the right to claim damages or the right to claim reimbursement against the Defendant in accordance with the insurer’s subrogation doctrine.

(2) Since the fault of the Defendant’s vehicle in relation to the damages suffered by DK and the ratio of the Defendant’s vehicle liability for the damages suffered by J is 40%, the Defendant’s indemnity amount to be borne by the Defendant is 10,824,678 won (27,061,620 won x 40%) equivalent to 40% of the Plaintiff’s insurance amount paid by the Plaintiff.

B. The defendant's assertion that the accident of this case occurred.