1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is an insurance company that entered into an automobile insurance contract with C as the insured with respect to D-Wnd Automobiles (hereinafter “Plaintiff-Wnd Automobiles”), and the Defendant is a mutual aid insurer that entered into an automobile mutual aid contract with respect to G-si operated by F (hereinafter “Defendant-si”).

B. On December 21, 2014, E driven the Plaintiff’s vehicle on December 21, 2014, while driving the Plaintiff’s vehicle and driving it at a speed of 60 km from the direction of the training distance to the training zone (hereinafter “victim”) along the two-lanes in front of the water source station located in 924 in Suwon-gu, Suwon-si, Suwon-si, and driving it on the side of the training distance to the training zone at a speed of 60 km from the road (hereinafter “the instant traffic accident”). As a result, the victim suffered injury that requires approximately 12 weeks of treatment.

C. The Plaintiff paid 185,370,130 won as insurance money to the victim.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4, evidence 5-1, 2, and evidence 6-2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion was that the victim immediately before the instant accident occurred, but the victim was able to use the back door on the road due to the Plaintiff’s departure from the Defendant taxi, and the Plaintiff’s vehicle, who did not discover the victim on the road, was the victim, while serving the victim as the victim.

As such, the negligence of F, Defendant taxi driver, also caused the occurrence of the instant traffic accident, and the negligence ratio reaches 70%.

따라서 피고는 원고가 피해자에게 기지급한 보험금 중 70%에 해당하는 구상금 129,759,090원(≒ 보험금 185,370,130원 × 0.7) 등을 원고에게 지급할 의무가 있다.

B. According to the statements in Gap evidence Nos. 2 and 6-2, the victim immediately before the occurrence of the instant traffic accident shall be the defendant-si.