1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract (hereinafter “instant insurance contract”) for Nonparty B’s truck (hereinafter “Plaintiff”) and the Defendant is a driver of DoM3 car (hereinafter “Defendant vehicle”).

B. On September 25, 2012, a traffic accident that conflicts between the Plaintiff’s vehicle and the Defendant’s vehicle (hereinafter “instant traffic accident”) occurred from the private distance at the Seo-dong, Ani-dong, Pyeong-si, the 1st century (hereinafter “the instant private distance”).

At the time, the Plaintiff’s vehicle was proceeding with the front door of the Western Elementary School, and the Defendant’s vehicle was proceeding from the front side of the Sung Hospital to the front door of the Plaintiff’s vehicle and the front door of the left side of the Defendant’s vehicle were even in front of the front part of the Plaintiff’s vehicle and the front part of the lower part.

C. Upon the request of the insured Party B, the Plaintiff paid KRW 4,785,720 (= Nonparty E2,397,800 + Nonparty F 1,596,460 + B791,460 + KRW 693,700, and paid KRW 5,479,420 (=4,720 + KRW 4,785,720 + KRW 693,70) with insurance money for the damage of the Plaintiff’s vehicle.

The defendant filed a request for a summary order against the defendant due to the violation of the Road Traffic Act, the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Negligence of Traffic Accidents, and the violation of the Road Traffic Act, but the defendant filed a request for formal trial against this

E. In the above formal trial procedure on August 29, 2013, the Defendant was sentenced to a fine of KRW 2,500,000 only for the crime of violating the Road Traffic Act (unlicensed driving) and was acquitted on the grounds that there was no proof as to the fact that the Defendant was driving in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act, and the said judgment became final and conclusive around that time.

(F) The Daegu District Court's Ansan Branch 2013 High Court 60, hereinafter referred to as the "instant criminal trial").