1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 18, 2016, the Defendant driven a B-Motor vehicle (hereinafter “Defendant vehicle”) on May 16:21, 2016, and proceeded with the Defendant’s vehicle while returning to the main lane in the direction of the instant horse in order to find out a collision and avoid collision between the Plaintiff and the Defendant’s vehicle, which was proceeding on the opposite part of the C-Operation’s horse (hereinafter “instant horse”) going in the direction of the road in the direction of the instant horse in order to identify the Defendant’s vehicle and avoid collision, while returning to the main lane in the direction of the instant horse in order to avoid collision.

(hereinafter “instant accident”).

B. C was injured by both sides of the instant accident, which requires six weeks’ medical treatment. At the time of the instant accident, the Defendant’s vehicle was covered by the liability insurance of the Eastern Fire Marine Insurance Co., Ltd. (hereinafter “Dongern Fire”).

C. Meanwhile, in a case where D, a child of C, and the insured and his lineal ascendants, etc., suffered injury on their owned vehicles by the non-insurance company with respect to them, the automobile insurance contract including the non-insurance policy providing compensation within a certain scope. E, a fraud of C, entered into an automobile insurance contract including the same non-insurance policy with respect to its owned vehicles, and the other C’s lineal descendant entered into two insurance contracts including the non-insurance policy with respect to the same content as that of its owned vehicles.

Under the foregoing non-life insurance contract, C paid the insurance proceeds of KRW 3,331,470, the sum of KRW 23,331,470, and the agreed amount of KRW 11,000,000, and the insurance proceeds of KRW 33,331,470, which are the liability insurance company of the Defendant vehicle.