1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

The defendant.

1. Basic facts

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

B. On December 31, 2014, around 18:30 on December 31, 2014, the Plaintiff’s vehicle: (a) concealed the vehicle C (hereinafter “victim”); and (b) the Defendant’s vehicle following the Plaintiff’s vehicle was towing the Plaintiff’s vehicle.

C. At the time of the accident, D driving the Plaintiff’s vehicle, E driving the damaged vehicle, and F and G on the damaged vehicle.

By November 13, 2015, the Plaintiff paid KRW 9,762,280, KRW 8,417,960, KRW 12,740, and KRW 31,072,980, totaling KRW 31,072,980, and KRW 8,45,390, KRW 13,108, and KRW 13,386,510 to E by March 31, 2016.

[Reasons for Recognition] Items A through 10, 14 (including additional numbers), Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion vehicle concealed the Plaintiff’s vehicle, and the Plaintiff’s vehicle re-injects the damaged vehicle, the Defendant vehicle is liable to compensate for the damages suffered by the victimized vehicle passengers at a ratio of 50:50 to the negligence ratio between the Plaintiff vehicle and the damaged vehicle.

Therefore, the defendant is obligated to pay to the plaintiff 16,193,255 won and delay damages for the 32,386,510 won that the plaintiff paid to the plaintiff to the passenger of the damaged vehicle.

B. The Defendant’s assertion 1) although the Defendant’s vehicle concealed the Plaintiff’s vehicle, the Plaintiff’s vehicle did not repair the damaged vehicle. As such, the Defendant’s vehicle is not liable for compensating for the damages incurred to the passengers of the victimized vehicle. 2) Even if the Defendant’s vehicle concealed the Plaintiff’s vehicle, the Plaintiff’s vehicle rewing the damaged vehicle.