1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), with respect to the automobile D (hereinafter “Defendant vehicle”).

B. At around 22:55 on November 26, 2016, E, the driver of the Plaintiff’s vehicle, turned down one lane of the two-lane roads in front of the National Highway Construction Group F. 3 roads adjacent to the National Highway Construction Group F.M. into the south-do bank from the J. Gun bank to the south-do bank, and stopped on the central line railing day, and stopped on the one-lane of the national highway.

(hereinafter referred to as “pre-use vehicle”). (c)

After all, G, the driver of the Defendant vehicle, under the influence of alcohol of 0.051%, was driven by the blood alcohol concentration of 0.051% and was driven at a speed of approximately 136 km (80 km at a speed) per hour from the south side of the road near the above 2-lane road in front of the Defendant vehicle, and was driven at a speed of about 136 km (80 km at a speed) in front of the Defendant vehicle.

(hereinafter “instant accident”). D.

In the instant accident, Nonparty H, who is the seat of the Plaintiff’s vehicle, suffered injuries, such as a scarleting scarcity, etc.

E. By January 10, 2018, the Plaintiff paid H totaling KRW 100,510,630,000 (i.e., medical expenses of KRW 13,510,630,000) for medical expenses and the amount agreed on compensation for damages (i.e., KRW 87,00,000).

F. The Defendant paid KRW 50,255,310 to the Plaintiff regarding the instant accident.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 7 (including virtual number), Eul evidence 1, the purport of the whole pleadings

2. Determination

A. According to the facts of joint tort and internal apportionment ratio, the accident in this case occurred due to the mistake that the driver of the defendant vehicle did not discover the plaintiff vehicle which was stopped due to the prior accident in the front section of the national road while driving the defendant vehicle under the influence of alcohol by driving the vehicle under the speed of the defendant vehicle, which is the driver of the defendant vehicle, and neglecting the duty of the front section of the national road and driving the vehicle under the influence of alcohol.