1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to D New E&V vehicles owned by C (hereinafter “instant insurance contract”). The Defendant is an insurer who has entered into an automobile insurance contract with respect to E-wheeled Vehicles (hereinafter “Defendant E-wheeled Vehicles”).

B. The instant insurance contract that the Plaintiff entered into with C includes a special agreement on warranty for injury to an automobile without insurance, and even if C’s spouse suffers injury to an automobile without insurance, it is obliged to pay the insurance proceeds.

C. On May 4, 2016, around 20:30 on May 4, 2016, the C’s spouse F, with G-wheeled vehicle, was driving at the crosswalk of the road near the 3-dong Office, Seo-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, but conflict with the Defendant’s two-wheele

(hereinafter “instant accident”). D.

According to the instant insurance contract’s non-insurance accident security agreement, the Plaintiff paid C’s spouse F KRW 3,15,530,000, total of KRW 3,115,530,00 on July 6, 2016, KRW 2,062,330 on July 11, 2016, KRW 18,320 on August 5, 2016, and KRW 67,30 on November 7, 2016.

[Ground of Recognition] Facts without dispute, Gap evidence 1 through 9 (including additional numbers), Eul evidence 1 to 3, the purpose of the whole pleadings

2. The Plaintiff asserted that the Plaintiff paid KRW 3,115,530 insurance money to F in accordance with the instant insurance contract’s non-insurance accident security agreement.

F Under the proviso of Article 3(1)2 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (hereinafter “The Automobile Accident Compensation Act”), F may claim the Defendant, the insurer of the two-wheeled Vehicle, to pay the full amount of medical expenses. As such, the Plaintiff who acquired the F’s claim for insurance money by subrogation, seeks the full amount of medical expenses to the Defendant.

3. Determination

A. According to each evidence that occurred prior to the occurrence of the duty of recourse, the instant accident is in the presence of the Defendant-wheeled Vehicle on the front side.