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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile liability insurance policy that only compensates for personal injury I and personal injury with respect to A vehicles (hereinafter “Plaintiffs”). The Defendant is an insurer who has entered into an automobile comprehensive insurance policy with respect to B vehicles (hereinafter “Defendant vehicles”).
B. At around 18:00 on November 15, 2015, the Plaintiff’s vehicle moved to the intersection from the offside of the flue-dong, Sucheon-si, Sucheon-si to the front left side of the Defendant’s vehicle, in line with the straight line, from the offside of the lue-dong to the crosssection, in a straight distance from the offside of the lue-dong. In line with the Defendant’s vehicle with the U.S. being a U.S. driver, the Plaintiff’s vehicle fell to the front right side of the Defendant’s vehicle and the front left side of the Plaintiff’
(hereinafter “instant accident”). The instant accident brought injury to C and D of the driver of the Defendant vehicle due to the instant accident.
C. The Defendant paid the victim C totaling KRW 877,520, and the victim D totaling KRW 728,780 according to the special agreement on coverage by an uninsurance motor vehicle.
After that, the Plaintiff, as the liability insurer of the Plaintiff’s vehicle, paid KRW 615,530 to the Defendant on January 25, 2016 and KRW 728,780 to the victim C, respectively, upon the Defendant’s claim for reimbursement.
According to the terms and conditions of the above comprehensive automobile insurance contract of the defendant, if an insurance company pays insurance money or damages to the insured or claimant for damage in accordance with the special agreement on indemnity by an uninsured automobile, the insured's right to the third party shall be acquired within the scope of insurance money or damages paid. However, if an insurance company compensates part of the insured's damages, it shall be acquired to the extent
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. The plaintiff's assertion.