1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract (hereinafter “instant insurance contract”) with respect to D motor vehicles owned by C (hereinafter “insured”) and C by the registered insured and the registered insured’s family members, with respect to such D motor vehicles as are owned by C, by including the terms and conditions of the personal injury coverage by the non-insured motor vehicle in the terms and conditions of the contract at the time of compensating for the injury inflicted by the non-insured motor vehicle.

Co-Defendant B of the first instance trial (hereinafter referred to as “B”) is the owner of the E-E-E-E-E-E-E-E-E-Wed Vehicle (hereinafter referred to as “Defendant vehicle”), and the Defendant is the driver of the Defendant vehicle with B’s birth.

B. On July 26, 2010, the Defendant: (a) driven the Defendant’s vehicle and proceeded along two-lanes on the side of the Gez’s hotel along the distance intersection in front of the Seoul Cultural Center, which is located in the Suwon-gu transfer-dong of Suwon-si, toward the direction of the Gyeonggi Cultural Foundation; (b) caused an accident of causing an injury to F (the insured’s father) resulting in approximately 16 weeks of medical treatment on the right side of the progress direction by shocking the F (the insured’s father) on the Defendant’s vehicle and driving the bicycle on the right side; and (c) caused the instant accident (hereinafter “instant accident”).

C. As to the Defendant’s vehicle, only liability insurance is subscribed to the interesting country Fire Insurance Co., Ltd. (hereinafter “interesting country fire insurance”), the Plaintiff paid KRW 33,612,640 in total to the Ai University Hospital, etc. by December 11, 2012 in accordance with the terms and conditions of injury security by the non-insurance motor vehicle in the instant insurance contract.

Since then, the Plaintiff received liability insurance amount of KRW 9 million from the insurer of the Defendant vehicle with interesting countries.

E. Meanwhile, F’s wife G entered into an automobile comprehensive insurance contract containing a special agreement for injury security with respect to an automobile owned by the non-life insurance company with respect to the automobile owned by Esch Rexroth damage insurance company (hereinafter “the following accident insurance”). The Plaintiff is a duplicate insurance company.