1. The plaintiff's appeal is dismissed.

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

3. The judgment of the court of first instance is subject to Paragraph (1).

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to AK3 vehicles (hereinafter “Plaintiffs”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B vehicles (hereinafter “Defendant”).

B. Around 09:00 on February 13, 2018, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle and proceeded along three-lanes under three-lanes near the independent intersection road located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul. However, the Defendant’s vehicle entered the front part of the Plaintiff’s vehicle while bypassing from the right intersection, and the front part of the Plaintiff’s vehicle was shocked in front of the left part of the Defendant’s vehicle.

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

On March 2, 2018 due to the instant accident, the Plaintiff paid C insurance proceeds of KRW 1,360,90,000 in total, including KRW 910,900 and KRW 450,00,00 to D Automobile Industrial Company.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 through 3, 9, Eul evidence 1, Gap evidence 4 through 6, 10, Eul evidence 2, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The main point of the party’s assertion (i.e., the Plaintiff’s vehicle was normally proceeding under the new subparagraph, but the Defendant’s driver attempted to enter the Plaintiff’s vehicle in an unreasonable way without driving the vehicle. The Plaintiff’s driver could not at all predict the sudden movement of the Defendant’s vehicle.

However, the Plaintiff paid the insurance money of KRW 1,360,90 to the Plaintiff’s vehicle’s repair cost due to the instant accident for the Plaintiff’s insured, by subrogation of the insurer under Article 682 of the Commercial Act, thereby acquiring the right to claim damages against the Defendant’s driver.

Therefore, the defendant, who is the insurer of the defendant vehicle, is obligated to pay to the plaintiff 1,360,900 won with the indemnity and damages for delay.