1. All of the plaintiff's claims are dismissed.

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

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with Nonparty C, the owner of the Plaintiff’s vehicle B (hereinafter “Plaintiff’s vehicle”), and the Defendant is an employer who employs Nonparty D as the delivery source while running a restaurant.

B. On July 18, 2013, around 12:00 on July 18, 2013, D caused an accident that conflict with C’s door, even if even and sapda with C while driving the Plaintiff’s vehicle, which was driven by C for food delivery in the vicinity of Gwanak-gu, Seoul Special Metropolitan City (hereinafter “instant traffic accident”).

C. The instant traffic accident involving the payment of insurance proceeds received medical treatment from D at D medical institutions. In this regard, the Plaintiff spent the total of KRW 49,679,970 for medical expenses and KRW 4.6 million for advance payment until April 29, 2014, and the Defendant received it and paid KRW 4.6 million for advance payment as nursing fees to D’s nursing service personnel.

The plaintiff in the preceding case between the plaintiff and D filed a lawsuit with the Seoul Central District Court 2013 Gohap54475 against D to confirm the existence of an obligation, and sought confirmation that there is no obligation of the plaintiff to pay the insurance money due to the traffic accident in this case.

(hereinafter “Prior Case”). On November 11, 2014, the court of the preceding case rendered a judgment accepting the Plaintiff’s claim on the grounds that the instant traffic accident was not committed by C, and that the Plaintiff was not obligated to pay insurance money to D. Accordingly, the Seoul High Court appealed as Seoul High Court Decision 2014Na2045766, but the said judgment became final and conclusive on March 18, 2015.

E. Meanwhile, on January 16, 2014, the Defendant applied for D’s medical care benefits related to the instant traffic accident to the Korea Workers’ Compensation and Welfare Service, and the medical care benefits for medical institutions were paid after January 1, 2014 according to the Korea Workers’ Compensation and Welfare Service’s decision.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1-1 and 2, and arguments.