1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff is a special corporation established under the Industrial Accident Compensation Insurance Act and entrusted by the Minister of Employment and Labor with the industrial accident compensation insurance business.

B is the owner and operator of the CNF Launta vehicle (hereinafter “instant vehicle”). The Defendant is an insurance company that entered into an insurance contract with B with respect to the instant vehicle.

B. B around 08:30 on July 23, 2015, a house without a signal, etc. from the south-gu D, Nam-gu, Sinpo-si, on the back side to F from the right side of E to the right side, caused an accident of shocking the head of G with the right side of the instant vehicle (hereinafter “instant accident”) without seeing G, which was due to negligence of neglecting the duty of the front city at the right side of E, and caused the instant accident of shocking the head of G with the right side of the instant vehicle (hereinafter “instant accident”). As a result, G suffered an injury, such as cutting off the upper right side of the instant vehicle and cutting down the pelke.

C. At the time of the instant accident, G was employed as an employee of H at the time of the instant accident. From July 23, 2015 to February 24, 2016, the Plaintiff paid KRW 36,163,070 (=medical care benefit + KRW 12,522,020 + temporary disability benefit + KRW 12,80,550 + Lump-sum disability payment + KRW 10,840,50) to G under the Industrial Accident Compensation Insurance Act.

On February 13, 2017, the Plaintiff filed a claim for reimbursement against B and the Defendant for the payment of the medical care benefits and temporary layoff benefits against G on the ground of the instant accident (Seoul District Court Decision 2017Da209298 Decided February 25, 2016) on the ground that “B and the Defendant jointly exercise the right to damages equivalent to KRW 10,017,610, and the lost income of KRW 2,616,960 during the period of hospitalization in subrogation pursuant to Article 87 of the Industrial Accident Compensation Insurance Act” on the ground that “B and the Defendant jointly exercise the right to damages equivalent to KRW 12,634,570 during the period of hospitalization, and the damages for delay from February 25, 2016.”

(hereinafter referred to as the "prior-going case"). E.

preceding. The Daegu District Court.