1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The plaintiff's assertion

A. The Plaintiff and the Defendant are insurance companies running the insurance business, and the Plaintiff is an insurer who concluded a comprehensive automobile insurance contract with Nonparty G and H vehicles (hereinafter “Defendant”), with respect to Nonparty E and F vehicles (hereinafter “Plaintiffs”).

B. On November 23, 2015, Non-party I is a traffic accident in which the left side of the plaintiff's vehicle of the above E driving is shocked by the upper right side of the defendant's vehicle while driving the defendant's vehicle and driving the front road on the upper side of the asbestos body in the permanent residence of North Korea to be released from the front side of the permanent residence of North Korea and driving on the opposite vehicle. (hereinafter the accident of this case is the accident of this case)

(2) The instant accident occurred due to the former negligence of I, the Defendant, as the insurer of the Defendant vehicle, is liable to compensate for all the damages suffered by the victim due to the instant accident, as the Defendant is the insurer of the Defendant vehicle. The Defendant is liable to compensate for all the damages incurred by the instant accident.

C. The Plaintiff paid KRW 40,026,510,00 in total, according to the automobile insurance special agreement, according to the Plaintiff’s claim by E, a driver of the Plaintiff’s vehicle.

However, the plaintiff claims for reimbursement, as above, that the above E acquired by subrogation the damage claim owned by the defendant under Article 682 of the Commercial Act by paying the above money to E. Thus, the plaintiff claims for reimbursement of the amount stated in the purport of the claim and damages for delay, excluding KRW 35,951,580, out of the above money received from the defendant.

2. Determination:

A. Under the recognition standard of indemnity, the Plaintiff may claim for the Defendant the amount of security money duly calculated in accordance with the payment standard of the insurance money stipulated in the automobile injury agreement within the scope of the damage claim of E, the victim of the instant accident.

(b).