1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with A with respect to the automobile for the Bab-man vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is an insurer who entered into an automobile liability insurance contract with respect to the vehicle C (hereinafter “Defendant vehicle”).

B. A, around 15:10 on March 28, 2017, while driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle into the Hannam-distance Intersection in the North South South South South South South South South Southwest of Do, the vehicle was changed to two lanes, and the two-lanes of the Plaintiff’s fronter and front righter of the vehicle and the two-lanes of the vehicle were shocked by even the fronter and rear door fronter of the Defendant’s left side of the vehicle of the E driver who proceeded in the same direction depending on the two-lane of the said vehicle.

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

On April 13, 2017, the Plaintiff paid insurance proceeds of KRW 398,460 in total to the Plaintiff, etc., which is the cost of parts and repair of the Plaintiff’s vehicle due to the instant accident.

[Based on Recognition] A without dispute, Gap evidence 1 through 3, Eul evidence 1, Eul evidence 3-1 to 8, Eul evidence 14-1, Gap evidence 5, 8, 9, Eul evidence 2, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The main point of the party's assertion (i) the accident in this case occurred when the defendant's vehicle overtakes the plaintiff's vehicle that had been driven by changing the vehicle from the first to the second one, and changing the vehicle from the third to the second one, and the driver's fault ratio of the defendant's vehicle is equal to 70% in the occurrence of the accident in this case.

However, on April 13, 2017, the Plaintiff, the insured of the Plaintiff, paid KRW 398,460,000 for the parts and repair costs of the Plaintiff’s vehicle due to the instant accident, thereby acquiring a claim for damages against the Defendant’s driver by subrogation under Article 682 of the Commercial Act.

Therefore, the defendant, who is the insurer of the defendant vehicle, is the defendant as the indemnity amount.