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. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to C vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into the automobile insurance contract (hereinafter “Defendant vehicle”) with respect to D vehicle (hereinafter “Defendant vehicle”).

B. On September 21, 2017, at around 08:24, the Plaintiff’s vehicle left the left from the 08:24th of Dongdaemun-gu Seoul, Dongdaemun-gu, and tried to enter the right side through the two-lanes of the two-lanes, the left part of the Defendant’s vehicle proceeding in the same direction on the right side of the Plaintiff’s vehicle was shocked into the front part of the right side of the Plaintiff’s vehicle.

(hereinafter “instant accident”). During this process, E who was on the Defendant’s vehicle was injured.

C. By July 25, 2018, the Plaintiff paid KRW 9,896,740 as E’s medical expenses and agreed amount.

On March 23, 2018, the Defendant received a claim for reimbursement from the Plaintiff and paid KRW 500,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, Eul evidence 2 and 4, and the purport of the whole pleadings

2. Determination

A. In full view of the overall purport of the arguments and arguments in the above facts of recognition as to the cause of the claim, the instant accident is an accident that occurred due to a joint tort by the original Defendant vehicle driver, and the Plaintiff, the insurer of the Plaintiff, performed the obligation to compensate for the damages arising from the joint tort. As such, the Defendant, who is the liability insurer of the Defendant vehicle, can exercise the right to reimbursement on the part of the Defendant vehicle pursuant to Article 682(1) of the Commercial Act.

Therefore, the defendant is liable to pay to the plaintiff, barring special circumstances, the remaining amount after deducting the indemnity amount already paid from the medical expenses paid by the plaintiff to E, and damages for delay.

B. The defendant's defense.