1. Of the judgment of the court of first instance, the part against the defendant exceeding the following order for payment shall be revoked, and that part shall be revoked.

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance policy with no insurance coverage for C vehicles owned by B.

B. Around 20:20 on October 12, 201, the Defendant driven a D B-wheeled vehicle (hereinafter “Defendant vehicle”) and was driving on a road in front of the Olympic Park in Songpa-gu, Songpa-gu, Seoul, Songpa-gu, Seoul, followed the E (the spouse B, the Plaintiff’s registered insured) who dried the bicycle on the front side in violation of the signal.

(hereinafter “instant accident”). C.

Due to the accident in this case, E suffered a diversous salt farm, such as a drilling and a shoulder pipe, which requires treatment for three weeks.

At the time of the instant accident, the Defendant’s vehicle was in the status of having subscribed only to the liability insurance of the Eastern Fire Marine Insurance Co., Ltd. (hereinafter “Dong Fire Marine Insurance”). From October 24, 201 to November 28, 201, the East Fire Marine Insurance paid KRW 2,400,000 (the maximum amount of compensation for liability insurance injury) as the medical expenses incurred from the instant accident from October 24, 201 to November 28, 2011.

E. The Plaintiff paid the total of KRW 4,569,240 from November 11, 201 to September 29, 2014 as indicated in the payment status of insurance proceeds according to the special agreement on unsecured injury security.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1, 2 and 3

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) that the instant accident occurred due to the Defendant’s breach of the duty to protect pedestrians in the crosswalk, and the ratio of liability falls under 90%, and the Plaintiff paid insurance money equivalent to the amount of medical expenses incurred from the instant accident. As such, the Defendant is obligated to pay to the Plaintiff 3,872,316 won [2,40,000 won 4,569,240 won] x0.9-2,40,000 won] and damages for delay.

(2) The Defendant’s alleged fire insurance paid KRW 2,400,000 to E as medical expenses, and the medical expenses in excess of E are not recognized as causation with the instant accident.

(b).