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

The defendant.

1. Basic facts

A. The Plaintiff is an insurer who concludes a “D insurance contract” with Nonparty C and assumes the liability to compensate for damages that C bears to a third party in its daily life in accordance with the “Special Terms and Conditions for Damage Caused by Family Day” contained in the said insurance contract.

나. C은 2014. 12. 14. 15:00경 양산시 E에 위치한 피고가 운영하는 F 골프장(이하 ‘이 사건 골프장’이라 한다)에서 경기보조원인 소외 G의 보조에 따라 라운딩을 하던 중 남쪽 코스 2번 홀에서 유틸리티 3번 골프채로 세컨드 샷을 하였는데, 그 골프공이 같은 홀에서 경기를 마치고 그린을 나오면서 카트에 탑승하기 위하여 이동하던 선행조의 일원인 소외 H의 왼발 바깥쪽 복사뼈 부분에 맞게 되었다

(hereinafter referred to as “instant accident”). C.

H had been injured by the instant accident, such as the left-hand sacratum sacrat, sacratum sacratum sacratum, tensions, etc.

H filed a lawsuit against C and the Plaintiff, who is the insurer thereof on the ground of the above injury (Dasan District Court 2015Da63466). On May 3, 2018, “C and the Plaintiff jointly and severally agreed with H 9,229,695 won and its amount, 5% per annum from December 14, 2014 to May 3, 2018, and 15% per annum from the next day to the date of full payment (hereinafter “related judgment”), and the relevant judgment became final and conclusive on May 25, 2018.

E. According to the relevant judgment finalized on May 29, 2018, the Plaintiff paid 10,892,304 won, equivalent to the principal and interest of H, and 11,969,304 won, totaling 11,969,304 won (=10,892,304 won), to the law firm I who represented C and the Plaintiff, as attorney fees and litigation costs.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of whole pleadings]

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident pertains to the golf hole that C had a string.