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. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On April 4, 2016, the driver of the Plaintiff’s vehicle driving the Plaintiff’s vehicle and driving it bypassing it to the two-lanes of the second line road at the Hannam-dong University University University Hospital in Yandong-gu, Chungcheongnam-gu, the Plaintiff’s driver of the Plaintiff’s vehicle, following the straight-line signal, led to a traffic accident in which the latter part of the loading box of the Defendant’s vehicle, which proceeded two-lanes according to the straight-line signal, conflicts with the left-hand front-hander and front-hander part of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On June 8, 2016, the Plaintiff paid insurance proceeds of KRW 309,110, and KRW 262,480, totaling KRW 571,590, to the driver of the Plaintiff’s vehicle who suffered from an injury to the Gyeong-gu and tension due to the instant accident, to the driver of the Plaintiff’s vehicle C for medical expenses.

【Fact-finding without dispute over the ground for recognition, Gap evidence 1 through 7, Eul evidence 1 through 6, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion that the instant accident occurred as the Defendant’s vehicle going behind while driving a two-lane of the two-lanes on the side of the side of the two-lanes, without the operation of the said vehicle, coming back to the front section of the Plaintiff’s vehicle. Therefore, the fault ratio of the Defendant’s vehicle constitutes at least 50%.

Therefore, the defendant is obligated to pay 571,590 won of medical expenses to the victims in accordance with the automobile insurance clause that provides that when the amount of damages is less than the amount corresponding to the expenses for medical treatment after offsetting the victims' negligence, the defendant is obligated to pay the total amount of 571,590 won of the medical expenses in subrogation of the victims' right to claim damages.

Preliminaryly, Article 3 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act where the victims’ damages fall short of the treatment expenses.