1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. At around 02:30 on June 25, 2008, the Plaintiff: (a) driven a H vehicle owned by G, a non-insurance vehicle, under the influence of alcohol level of 0.178% in front of the Bupyeong-gu Incheon Bupyeong-gu, Bupyeong-gu, Incheon, without a driver’s license (hereinafter “victim”); (b) caused injury to the driver’sJ of the first damaged vehicle due to shock of the I vehicle (hereinafter “first damaged vehicle”). Nevertheless, without any rescue measures, the Plaintiff, while walking, failed to take any rescue measures, caused the injury to the driver’s department of the first damaged vehicle. However, at around 02:45 of the same day, the Plaintiff, while walking, caused the Plaintiff’s failure to enter the intersection in contravention of the signal at the so-gu, Seongbuk-dong, Incheon, Seongbuk-dong, Incheon, by shocking the driver’s license and resulting in the death of the passenger.

B. From July 5, 2007 to July 5, 2008, the Defendant is an insurer who entered into a contract for compensation in accordance with the terms and conditions, if there is a person liable to compensate for the damage incurred due to the death or injury of the N-owned OM caused by an accident. On August 7, 2008, the Defendant paid KRW 191,660,430 to the heir of the M of the secondary damaged vehicle.

C. The Defendant filed a lawsuit against the Plaintiff on the claim for reimbursement as Seoul Central District Court 2010Kadan302560, and on January 6, 2011, the Defendant rendered a decision to recommend reconciliation that “the Defendant (hereinafter “Plaintiff”) jointly and severally with G to the Plaintiff (hereinafter “Defendant”) pay 91,689,510 won and interest thereon at each rate of 5% per annum from August 8, 2008 to July 3, 2010, and 20% per annum from the next day to the date of full payment.” The said decision to recommend reconciliation was finalized on January 25, 2011.

(hereinafter referred to as “decision of recommending reconciliation of this case”) D.

On July 20, 2017, the Plaintiff was bankrupt and exempted by Incheon District Court No. 3145 and 2017Hadan3148.