1. The part of the judgment of the first instance against the defendant shall be revoked.

2. The plaintiff's claim against the above cancellation portion is dismissed.

3...

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with A and its holding B Belgium car (hereinafter “Plaintiff”) with the insurance coverage period from November 18, 2013 to November 18, 2014 by a special agreement on the limited operation of the married couple’s limited operation with respect to the Plaintiff’s car.

The defendant is an insurer who has concluded a motor vehicle insurance contract with respect to Cump truck (hereinafter referred to as "Defendant vehicle").

B. At around 14:40 on August 25, 2014, wife D driven the Plaintiff’s vehicle and driven the two-lanes of the road in front of the Seogung-dong, Yongsan-gu, Yongsan-gu, Yongsan-gu, and changed the two-lanes into one-lane.

At that time, the defendant vehicle driving the above one lane on the road did not discover the plaintiff vehicle and caused the traffic accident in which the rear door on the left side of the plaintiff vehicle is even even (hereinafter referred to as the "accident in this case").

C. D notified the Defendant of the stress and fetus caused by the instant accident as a mother, requiring hospital treatment, and requested the Defendant to guarantee payment of medical expenses or medical expenses as an insurer of the Defendant vehicle. However, the Defendant rejected the said request by asserting that there was no negligence on the Defendant’s vehicle in the instant accident.

Accordingly, D applied for the payment of insurance proceeds for self-physical accidents to the Plaintiff on September 5, 2014, after receiving medical treatment costs at the E Hospital and directly paying KRW 232,680,00. The Plaintiff deemed D to fall under class 14 in accordance with the terms and conditions related to the payment of insurance proceeds for self-physical accidents under the automobile insurance contract for the Plaintiff’s vehicle, and paid KRW 232,680 (hereinafter “the instant insurance proceeds”).

E. The fault ratio between the Plaintiff and the Defendant in the instant accident is 7:3.

【Ground of recognition】 The fact that there has been no dispute, each entry or video of Gap 1 through 7 (including a branch number if there is a branch number) and the purport of whole pleading

2. The plaintiff's assertion is the driver of the plaintiff's vehicle.