1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with Nonparty A and B (hereinafter “Plaintiff”), and the Defendant is a mutual aid business operator who entered into a mutual aid agreement with Nonparty C (hereinafter “Defendant”) with Nonparty D (hereinafter “Defendant”).

B. On September 28, 2015, around 01:36, around 01:0, a person driving the Plaintiff’s vehicle and driving the funeral route in Bupyeong-gu Incheon, Incheon along the two-lanes of the road in the vicinity of the intersection, while driving the road into the two-lanes of the road between the three-lanes of the road in the vicinity of the intersection, a prior vehicle stopped on the vehicle stop signal in the front bank and driving the brake light.

A change of course to three lanes is made in the front line section of the intersection.

There was an accident that shocks the left side of the Defendant’s vehicle, which had been driven by three-lanes, into the upper right part of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. The Defendant paid the sum of KRW 1,444,00 in accordance with the insurance contract.

The Defendant filed a petition against the Plaintiff for deliberation on the instant accident at the indemnity payment deliberation committee. On May 23, 2016, the said committee rendered a decision on May 23, 2016 that “80% of the Plaintiff’s vehicle’s negligence and 20% of the Defendant vehicle’s negligence,” and that “the Plaintiff shall pay KRW 1,235,200 to the Defendant.”

E. On June 27, 2016, the Defendant filed a lawsuit against the Plaintiff on the ground that the instant accident was caused by the Plaintiff’s negligence of 100%, as the Incheon District Court Decision 2016 Ghana5908, and the said court rendered a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) with the purport that “the Defendant shall pay to the Plaintiff 1,44,000 won with 5% per annum from October 6, 2015 to the date of delivery of a duplicate of the complaint, and 15% per annum from the next day to the date of full payment” (hereinafter “decision on performance recommendation of this case”).

Along with the Plaintiff’s receipt of the instant recommendations, the Plaintiff raises an objection.