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 insurer who has concluded each comprehensive automobile insurance contract with the Plaintiff for the network A and BM5 vehicles (hereinafter “Plaintiff vehicles”). The Defendant is an insurer who has concluded each automobile comprehensive insurance contract with the Defendant for Dunst Vehicles (hereinafter “Defendant vehicles”).

B. On January 19, 2014, at around 19:40, the accidents A driven the Plaintiff’s vehicle in front of the F cafeteria located in Dongducheon-si E, and driven one lane in the two-way direction in the direction of the two-way. On the other hand, the center line was invaded by the Plaintiff’s central line, and the two-lanes of the Defendant’s vehicle driven in the two-lane direction on the right side of the Plaintiff’s vehicle in the two-way direction. As a result, A died.

(hereinafter referred to as “instant accident”). C.

The Plaintiff paid KRW 9,244,050 for medical expenses and KRW 71,45,00 for death benefit to the net A.

[Reasons for Recognition] Unsatisfy, Gap 1 to 4 evidence (including additional numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred concurrently with the negligence of the net A’s central intrusion and C’s overspeed, and that of C’s fault ratio is 20%.

However, since the plaintiff was exempted from the defendant by paying medical expenses and death insurance money to the deceased A, the defendant is obligated to pay the plaintiff the amount equivalent to the ratio of negligence of C in accordance with the principle of subrogation by insurers.

However, according to the Enforcement Decree of the Automobile Accident Compensation Act, the payment of medical expenses should not be limited on the ground of the victim’s negligence. Since the minimum amount of death insurance proceeds under the terms and conditions of the automobile comprehensive insurance contract is KRW 20 million, the Defendant is obliged to pay the Plaintiff the total amount of medical expenses of KRW 9,244,050 and KRW 29,244,050,050,000 for death insurance proceeds of KRW 20,000,000,

3. A motor vehicle driver who operates a road, the legal principle of which is generally installed, along his own lane, is also a motor vehicle driver coming from the drinking line.