1. Of the judgment of the court of first instance, the part of the Plaintiff’s failure corresponding to the following additional payment order shall be revoked.

1. The circumstances leading to the instant accident are as follows.

At the time of the accident, the insured vehicle (hereinafter “Plaintiff”) Defendant Insured Vehicle (hereinafter “Defendant Vehicle”) CD temporary 14:48 March 18, 2018 is as shown in the annexed drawings of the E-Collision situation at the south Sea of Korea.

The payment of insurance proceeds of KRW 1,312,100 ( April 9, 2018), the fact that there is no dispute over KRW 330,00 (based on recognition), the fact that there is no dispute over the insurance proceeds of self-owned vehicle damage insured, Gap 1 through 4, Eul 1 through 4, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. In light of the overall circumstances, such as the background of the accident, the degree of conflict and shock revealed in the above recognition of the liability ratio, namely, the collision with the Plaintiff’s vehicle while moving back by the Defendant vehicle, and the Plaintiff’s driver appears to have not ordered the movement of the Defendant vehicle by narrow intersection, it is reasonable to view that the “Plaintiff’s vehicle: Defendant’s vehicle” is “20%: 80%.”

B. The Plaintiff’s insurance money in this case was paid on the basis of the self-owned vehicle damage security, and the self-owned vehicle damage security has the nature of a quid pro quo of insurance premium paid by the policyholder to the insurer in preparation for the occurrence of the insured event. It is separate from the liability to compensate for damages borne by the Defendant vehicle. The Plaintiff is the person who did not compensate for the part of the amount equivalent to the insured’s self-paid loss

Therefore, in this case, the insured of the insurance contract for the plaintiff vehicle can claim a third party who is liable for the damages remaining without being compensated for the insurance proceeds received from the plaintiff, who is the insurer, such as the driver or insurer of the defendant vehicle (liability within the scope limited by negligence offsetting, etc. among the total damages). If the total damages are more than the amount of the third party's liability for damages, the third party shall be liable for the damages.