1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract (hereinafter “instant insurance contract”) including security for self-physical accidents with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid insurer who has entered into an automobile mutual aid contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. Around 19:40 on March 16, 2013, the Plaintiff’s vehicle was proceeding to the air-section of the Kimpo Airport in the vicinity of the Gopo-dong, Gopo-dong, Seocheon-gu, Seocheon-gu, Seocheon-si, the Defendant’s vehicle, at the same time, was facing the Defendant’s vehicle without avoiding it on the wind of hearing and stopping the light of an unclaimed vehicle after changing the vehicle from three lanes to two lanes.

(hereinafter referred to as “instant accident”). C.

As a result of the instant accident, the Plaintiff sustained injury from the Plaintiff’s driver C, and the Plaintiff paid KRW 544,541 in total to C by November 25, 2013 according to the instant insurance contract.

On the other hand, in the accident of this case as a result of the deliberation of the committee for deliberation of car insurance disputes, the negligence of the plaintiff vehicle was 90% and the negligence of the defendant vehicle was 10%.

Of the terms and conditions of the instant insurance contract, “the insurer shall pay the actual amount of damages within the limit of the insurance amount by class of injury in accordance with the classification of injury in the standard for payment of self-physical accidents and the table of the amount of insurance coverage for each class in cases where the insured suffers from an injury due to an accident that occurred while the insured owns, uses, or manages the insured automobile, and the operation or operation of the insured automobile, and the doctor requires medical treatment as a direct result, the insurer shall pay the actual amount of damages within the limit of the insurance amount by class of injury in accordance with the table of the amount of insurance coverage. In the case of an accident with another vehicle among the actual amount of damages, the remainder after deducting the amount entitled to compensation pursuant to

In addition, this case.