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. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to the automobile D (hereinafter “Defendant”).

B. On October 17, 2018, around 18:30, the Defendant’s vehicle was driving along a two-lane of the 256-lanes of the Cheongnam-dong, Yeonsu-gu, Incheon (hereinafter “instant road”). Around October 17, 2018, the part of the left side of the Plaintiff’s vehicle driving along the two-lanes was shocked (hereinafter “the instant accident”). At the time, the Plaintiff’s vehicle was on board the Plaintiff’s vehicle, E and the same passenger F, G, and H (hereinafter “Plaintiff’s vehicle passenger”).

C. On October 19, 2018, the Plaintiff’s passengers were issued a written diagnosis of climatics or urine salt, etc., stating that the stability of approximately two weeks is required. D.

By November 26, 2018, the Plaintiff paid KRW 6,669,640 as insurance money to the passengers of the Plaintiff’s vehicle in total under the name of medical treatment and agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 11 (including virtual numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2 and 3, video and the purport of the whole pleadings

2. The parties' assertion

A. In the instant accident caused by negligence of the Plaintiff’s vehicle, the Plaintiff sustained injury by the Plaintiff’s vehicle passengers, and the Plaintiff paid insurance money to the Plaintiff’s passengers, so the Defendant is obligated to pay the Plaintiff the indemnity amounting to KRW 6,669,640 on behalf of the Plaintiff’s passengers, as well as damages for delay.

B. Defendant’s instant accident is not an accident that may cause injury to Plaintiff’s passengers due to an accident that causes minor contact on the left-hand side of Plaintiff’s vehicle while changing the course of the Defendant’s vehicle on a very tent basis.

Therefore, the injury of the plaintiff vehicle passengers and the accident of this case.