1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded each automobile insurance contract with respect to the A-wheeled Vehicle B (hereinafter “Defendant”), and the Defendant is an insurer who has concluded each automobile insurance contract with respect to the B-Vehicles (hereinafter “Defendant”).

B. On February 23, 2017, at around 22:45, the Plaintiff’s vehicle conflict with the Defendant’s vehicle driving along the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction.

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

The Defendant filed a petition with the Plaintiff for deliberation of the claim against the Plaintiff for partial payment of KRW 652,050, which was paid by the Defendant, and the said Deliberation Committee decided to deliberate and coordinate the claim that the Plaintiff shall pay KRW 586,845 to the Defendant by setting the rate of fault of the original Defendant’s vehicle as KRW 90:10.

On August 31, 2017, the Plaintiff paid KRW 2,147,00 to the Defendant the repair cost of the Defendant’s vehicle amounting to approximately KRW 90% of the repair cost of KRW 2,385,560, according to the rate of negligence determined in the above deliberation and resolution.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3 through 5, Eul evidence 1, Gap evidence 2, Eul evidence 2 and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The instant accident occurred by the negligence between the Plaintiff’s driver and the Defendant’s driver, and the negligence ratio is 20:80. (2) Therefore, the Plaintiff paid KRW 2,17,10 to the Defendant, even though the charge according to the fault ratio of the Plaintiff’s driver among the total damages of the Defendant’s vehicle 2,385,560 won (=2,385,560 x 20%, and less than KRW 10).

3) Therefore, the Defendant is obligated to return to the Plaintiff the remainder of KRW 1,669,890 (=2,147,000 - 477,100 - 477,100) out of the amount of indemnity paid from the Plaintiff, other than the charges calculated according to the Plaintiff’s fault ratio. (B) The Defendant’s assertion 1) in the instant accident, the Plaintiff’s driver and the Defendant’s vehicle