1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

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

B. On February 5, 2016, the Defendant: (a) while driving along an intersection near the Do Office of the Do Office in Chang-dong, Chang-gu, Chang-si, the Do Office of Do; (b) caused an accident of collision with D Driving Vehicle D (hereinafter “victim”) by a victim C (hereinafter “victim”). (c) The victim was suffering from an injury such as sabry, etc. due to the first accident, and was provided medical treatment with E Hospital and Fent Council members during the period from February 16, 2016 to April 12, 2016. (d) On April 14:50, 2016, the Plaintiff used the vehicle to ensure the safety of the victim’s vehicle and the vehicle that caused the collision between the victim and the vehicle that caused the collision (hereinafter “victim’s accident and the vehicle that caused the collision”) by failing to ensure the safety of the victim’s vehicle and the vehicle that caused the collision (hereinafter “victim’s collision”).

E. From May 26, 2016 to July 27, 2016, the Plaintiff paid insurance proceeds of KRW 2,194,290 in total with the victim’s medical expenses and agreed amount.

[Ground of recognition] The fact that there is no dispute, Gap's evidence of subparagraphs 1 through 3 (if there is an additional number, including a branch number; hereinafter the same shall apply), Eul's evidence of subparagraphs 1 through 3, and the purport of the whole pleadings

2. The second accident occurred in the state where the victim suffered from the injury caused by the second accident. The plaintiff and the defendant are liable for joint tort as to the injury of the victim. The plaintiff and the defendant paid insurance money to the victim after the second accident, thereby obtaining joint immunity from the defendant.

Therefore, the defendant is the first one out of the insurance money paid to the plaintiff with the indemnity money.