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. On April 5, 2014, at around 17:20, Nonparty B driven the Oba C (hereinafter “accident Oba”), and changed the course from the two-lanes to the one-lanes in front of the E-Road D located in Gyeongnam-gun, the occurrence of the collision between the two-lanes on the left-hand side of the E-Road of the said accident and the FOba of the Defendant’s driving, where the said one-lanes are straight off (hereinafter “Defendant Oba”), and the front right side of the Defendant’s driving (hereinafter “instant accident”).

B. B suffered injury from cerebral blood, etc. due to the instant accident, and received insurance money from the Hyundai Marine Fire Insurance Co., Ltd. in accordance with the terms and conditions of the automobile comprehensive insurance policy purchased by Nonparty G, one of its children.

C. The Plaintiff was an insurer who concluded a motor vehicle insurance contract with Nonparty H, a fraud in B, and paid a total of KRW 12,736,888 (the amount equivalent to 1/8 of the amount paid to B) to Hyundai Marine Fire Insurance Co., Ltd. in accordance with the aforementioned provisions on the allocation of duplicate insurance for non-life insurance from November 18, 2014 to December 16, 2015.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1 through 5, Eul evidence 1 and 2 (if there is a serial number, including each number; hereinafter the same shall apply), and the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The Plaintiff’s assertion that the instant accident occurred concurrently between B and the Defendant’s negligence. As such, the Plaintiff paid insurance money to the Defendant for the damage caused by the instant accident, thereby acquiring the right to indemnity under Article 682 of the Commercial Act against the Defendant. Therefore, the Defendant is obliged to pay the Plaintiff the indemnity amount of KRW 12,736,88, and the compensation for the delay thereof. (2) The Defendant’s assertion that the instant accident occurred entirely due to B’s negligence, and the Defendant is not obliged to pay the insurance money borne by the Plaintiff.