1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On January 23, 2014, at around 07:26, C, driving the Plaintiff’s vehicle and driving the five-lanes of the five-lanes in the front side of the Qlele hotel in the Seocho-gu Seoul Metropolitan City distribution dong, from the seat of the Glele hotel to the shooting distance of the Glele Hospital, and changing the four-lanes into the four-lanes, there was an accident where the two-lanes of the Defendant’s front right side of the Defendant’s vehicle, which changed from the three-lanes to the four-lanes, and the part of the front left side of the Plaintiff’s vehicle conflict (hereinafter “instant accident”).

C. The road in the vicinity of the instant accident site is a section that passes through the access road of the flat or underground road in the direction of the private distance of the Sungnam Hospital in front of the Hole Hospital, and the existing two-lane roads are changed to five-lane roads. Among them, the first, the second, and the third-lanes are the left-hand lanes in the direction of the distribution intersection. The fourth, the five-lanes are the straight lane in the direction of the Sungnam Hospital, and the five-lanes are connected to the right-hand lane in the direction of the Western Hospital.

After paying KRW 1,721,00 of the repair cost of the Defendant’s vehicle due to the instant accident, the Defendant filed a request with the Plaintiff for deliberation to pay KRW 1,204,700 out of the above money to the Motor Vehicle Insurance Claim Deliberation Committee (hereinafter “Deliberation Committee”). On August 25, 2014, the Deliberation Committee set the Plaintiff’s negligence as 65% and decided to deliberate and coordinate the case.

E. Accordingly, on September 16, 2014, the Plaintiff paid KRW 1,118,650 (i.e., KRW 1,721,00 x 0.65) to the Defendant on the same day, and on the same day, paid KRW 774,450 (=1,118,650 - 34,200 (=1,721,00 x 0.2)) that was paid in excess of the Plaintiff’s fault on the instant accident by asserting that the Plaintiff’s negligence on the part of the Defendant was 20%.