1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

1. Facts of recognition;

A. At around 17:25 on November 12, 2016, Defendant B driven a D-wheeled Vehicle owned by the Defendant C (hereinafter “Defendant-owned Vehicle”) and driven three lanes on the three-lane road south of Gwangju Northern-gu, 757, at the lower end of the 757-lane road, and driven a motor vehicle without permission at a crosswalk (the crosswalk had a crosswalk on the width distance at the crossing where the crossing was crossed) where the motor vehicle was pushed off, and the shocked by the shock.

As a result, E suffered injury in need of approximately 10 weeks of medical treatment, such as cutting off the left-hand upper part of the outer part, etc.

(hereinafter “instant accident”). (b)

At the time of the instant accident, the Defendant’s vehicle was subscribed only to the F’s liability insurance.

C. E’s ASEAN concluded an automobile insurance contract containing a non-life insurance policy that compensates for the injury within the limit of KRW 200 million of the insured amount in the event that E inflicts an injury on H vehicles by an non-insurance motor vehicle with respect to H vehicles.

However, there was more than two insurance contracts that enable E to receive compensation due to such non-insurance motor vehicle injury security.

(Insurance Amount of KRW 20 million, Insurance Company: I Corporation, J Corporation). D.

The Plaintiff paid KRW 86,717,250 in total (including KRW 15 million in liability insurance) to July 25, 2018 for the medical expenses, etc. of E arising from the instant accident, and received KRW 23,905,740, respectively, according to the share of double insurance by I and J Co., Ltd.

(Amount calculated by subtracting 15 million won from above 86,717,250 won for liability insurance proceeds) / [based on recognition] / The fact that there is no dispute, entry in Gap evidence 1 through 13 (including paper numbers) and the purport of the whole pleadings.

2. Determination

A. When multiple non-life insurance contracts with respect to one accident are concluded and the total insured amount exceeds the amount of the insured amount, Article 672(1) of the Commercial Act with respect to non-life insurance shall apply mutatis mutandis and the insurer shall be jointly and severally liable to the extent of each insured amount.