1. The Defendant’s KRW 37,334,400 as well as 5% per annum from October 19, 2017 to October 1, 2018, respectively, to the Plaintiff.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A Myman vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to B-learning vehicle (hereinafter “Defendant vehicle”).

B. On August 24, 2017, the driver of the Plaintiff’s vehicle: (a) around 13:35, a summary of the balance of revenues and expenditures located in the Sung-si Modong of the Plaintiff’s water zone.

After passing through a gold farm, the way way 7-lane 9-lane in Seoul Metropolitan Area is proceeding on the side of Sung-dong, and the driver of the defendant vehicle has changed from the two-lane to the seven-lane of the above road while driving the defendant vehicle, and the driver of the defendant vehicle has changed the two-lane to the seven-lane, and there was an accident that conflicts between the front side of the plaintiff vehicle and the front side of the defendant vehicle.

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

On October 18, 2017, the Plaintiff paid insurance proceeds of KRW 46,668,00 in total with the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 9, 11 through 14, Eul evidence No. 1 and the purport of the whole pleadings

2. The parties' assertion and judgment

A. At the time of the Plaintiff’s assertion 1, the Plaintiff’s vehicle was in a normal straight line, but the Defendant’s vehicle changed the vehicle line from the two lanes to the seven lanes, and the instant accident occurred, and the Plaintiff’s driver could not expect or avoid the movement of the Defendant vehicle.

Therefore, the instant accident is deemed to have occurred due to the previous negligence of the Defendant’s driver, and the Plaintiff paid the insurance money of KRW 46,668,00 in total for the Plaintiff’s vehicle repair cost due to the instant accident for the Plaintiff’s insured, thereby acquiring the right to claim damages against the Defendant’s driver of the Plaintiff’s vehicle by subrogation under Article 682 of the Commercial Act, so the Defendant, the insurer of the Defendant’s vehicle, is the Plaintiff.