1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff is an insurance company that aims at automobile accident insurance business, and has entered into a comprehensive automobile insurance contract with A and B vehicles (hereinafter “Plaintiff vehicles”). The Defendant is an insurance company that is engaged in automobile accident insurance business and has entered into a comprehensive automobile insurance contract with C and D vehicles (hereinafter “Defendant vehicles”).

B. Around 08:46 on July 17, 2016, the Plaintiff’s vehicle (A Driving) and the Defendant’s vehicle (C Driving) are proceeding along the string of the white road in the north-gu Seoul, North-gu, Gwangju. The Defendant’s vehicle was approaching the two-lanes in the shape of the two-lanes and the two-lanes. The Plaintiff’s vehicle is moving ahead of the Defendant’s two-lanes.

While the defendant vehicle has changed its course to a one-lane, it conflicts with the defendant vehicle that has been approaching one-lane in the U.S. type.

(hereinafter “instant accident”). C.

On August 22, 2016, the Plaintiff paid KRW 3,138,50 for the repair cost of the Plaintiff’s vehicle, KRW 2,99,650 for medical expenses from August 23, 2016 to February 2, 2017 to E, who is the passenger of the Plaintiff’s vehicle, and KRW 2,99,650 for medical expenses from September 7, 2016 to February 3, 2017 to F, who is the passenger of the Plaintiff’s vehicle, KRW 2,16,34,980 for medical expenses.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6 through 8, 11, Eul evidence 1 (including branch numbers for those with provisional numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred due to the total negligence of the Defendant’s operation of the Defendant. As such, the Defendant, the insurer of C, is obligated to pay to the Plaintiff the sum of the Plaintiff’s vehicle repair costs and treatment costs paid to the Plaintiff, and KRW 8,334,980, and damages for delay from August 23, 2016, which is the day following the payment of the final insurance proceeds.

3. Determination on the defense prior to the merits

(a) Evidence Nos. 10 and No. 4 are written and arguments of Evidence No. 10.