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. The Plaintiff is an insurer that entered into an automobile insurance contract with C Vehicle (hereinafter “Plaintiff”).

B. On March 31, 2018, around 13:40, the Plaintiff’s driver driven the Plaintiff’s vehicle in front of Dongdaemun-gu Seoul Dongdaemun-gu, Seoul, along the two-lanes from the shooting distance range of the red school to the shooting distance range of the Youngwon, according to the two-lanes among the two-lanes. On the other hand, the Plaintiff’s driver entered the crosswalk in front of the crosswalk in the intersection and suspended approximately one minute.

C. The defendant waiting at the above crosswalk, and the pedestrian signal, etc. is changed to a green condition, and the above crosswalk was cut off from the left side of the plaintiff's vehicle to the right side.

Around that time, the Defendant started the Plaintiff’s vehicle driver who did not look at the Defendant, and then discovered and immediately suspended the Defendant’s vehicle (hereinafter “instant accident”).

In the instant accident, the Defendant was obvious to face the Plaintiff’s vehicle, but it did not go against or go beyond the Plaintiff’s vehicle directly.

The Defendant alleged that he suffered injury to the right shoulder, etc. due to the instant accident, and the Plaintiff paid KRW 1,064,630 in total, including medical expenses, to the Defendant from July 19, 2018 to October 24, 2018 as advance payment under Article 11 of the Guarantee of Automobile Accident Compensation Act.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, Eul evidence 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff asserts that, in light of the fact that the instant accident is a non-Contact accident and the defendant's medical history, there is no causal relationship between the instant accident and the injury of the defendant's assertion, the defendant should return the advance payment to the plaintiff.

In this regard, the defendant asserts that there is a causal relationship between the accident of this case and the injury suffered by the defendant, and thus, the plaintiff cannot respond to the claim

3. The Guarantee of Automobile Accident Compensation Act.