1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. In fact, the Plaintiff entered into an automobile comprehensive insurance contract with respect to the vehicles C and D, which includes injury coverage by each non-insurance vehicle, with respect to the vehicles without insurance, and the insured, other than the named insured, or the parents of the named insured or their spouses, constitute the insured for injury coverage by the non-insurance vehicle.

On December 28, 2017, at around 21:15, the Defendant, while driving a vehicle owned by the Defendant on the parking lot on the G Apartment-gu G Apartment-gu G Apartment-gu, Gwangju, Gwangju, he shocked C’s mother and E’s sibine H, thereby having H suffered pressure from the first pressing pressure.

(hereinafter “instant accident”). As to the instant accident, from January 25, 2018 to July 31, 2018, the Plaintiff paid KRW 16,704,260 as H’s medical expenses, and KRW 10,350,00 as agreed amount on May 2, 2018. The Plaintiff was paid KRW 19,018,080 (hereinafter “I”) from the Defendant’s large liability insurer Ⅰ and the insurer of the security for the injury by another non-life-free vehicle of H (hereinafter “I”) and was paid KRW 19,018,080 from the I Co., Ltd. (hereinafter “I”).

The Defendant paid H totaling KRW 9,00,000,000 on April 24, 2018, and KRW 1,000,000 on May 18, 2018, and KRW 9,00,000 on November 19, 2018.

The method of calculating the insurance amount to be paid by the insured motor vehicle under the Plaintiff's automobile insurance clause (No. 9, hereinafter referred to as the "Terms of this case") is as follows.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, 5, 9, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts, H, the insured of the Plaintiff, was injured due to the Defendant’s vehicle operation, and thus, the Defendant is liable for compensation for the damages inflicted upon H due to the instant accident, and the Plaintiff paid the insurance money for H’s damage to the Defendant within the scope of the insurance money, based on the insurer’s subrogation right.