Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

1. Basic facts

A. The Plaintiff is an insurance company that entered into a comprehensive automobile insurance contract with respect to D vehicles (hereinafter “Plaintiff vehicles”). The Defendant is an insurance company that entered into a comprehensive automobile insurance contract with respect to E vehicles (hereinafter “Defendant vehicles”).

B. On January 19, 2016, around 00:44, the driver of the Defendant vehicle tried to change the course to one lane while driving along the two-lanes of the road at the entrance of the Seocho-gu Seoul Metropolitan Government Seocho-gu (hereinafter “instant road”) along the direction of the Seocho-gu, Suwonbuk-do (hereinafter “instant road”), and returned to the two-lanes, and operated the vehicle rapidly, and the driver of the Defendant vehicle conflicts with the F vehicle driven behind the Defendant vehicle (hereinafter “victimd vehicle”).

(C) After the first accident, the driver G of the victimized vehicle was under the control of the first accident in the safety zone between the first and the second lanes. However, at the expiration of ten minutes from the first accident, the driver G of the victimized vehicle was under the control of the first accident. However, at the point of the accident where the driver of the Plaintiff’s vehicle is running at the speed of 80km/h above the above road at a speed of 87.6km/h (hereinafter “the second accident”). In order to avoid this, the driver’s G was under the control of the first accident to find out the damaged vehicle at the speed of 80km/h (hereinafter “the second accident”).

On July 29, 2016, the Plaintiff paid KRW 85,00,00 to the bereaved family members of G (hereinafter “the deceased”) with respect to the second accident on the premise that the deceased’s negligence is 20%. The Korea Workers’ Compensation and Welfare Service, who paid the industrial accident insurance money to the bereaved family members of the deceased, filed a lawsuit (Seoul Central District Court 2018Kadan5169238, hereinafter “the Plaintiff, etc.”) seeking reimbursement against the Plaintiff and the Plaintiff’s vehicle driver (hereinafter “Plaintiff, etc.”). On November 23, 2018, the said court decided to recommend reconciliation with the Korea Workers’ Compensation and Welfare Service to pay KRW 38,00,000 on the premise that the deceased’s negligence is 30%, and the said decision on recommending reconciliation was around that time.