1. Revocation of a judgment of the first instance;

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 regarding B vehicles owned by A (hereinafter “Plaintiff vehicle”), and the Defendant is the owner of C bus (hereinafter “Defendant vehicle”).

B. On March 10, 2014, around 19:55, the instant accident occurred, driving the Plaintiff’s vehicle, and changing the course of the instant accident to turn back to the intersection of the Park ro-gate (hereinafter “instant intersection”) while proceeding along one-lanes of the two-lanes in the way of gambling from the Cro-ro of Incheon Dong-gu, Incheon.

At this time, D, the driver of the Defendant vehicle, discovered the same while entering the instant intersection according to the said two-lanes, and took prompt action to avoid the collision with the Plaintiff vehicle on the right side. Accordingly, the occurrence of the accident involving the injury of passengers E, F, G, etc. on board the Defendant vehicle (hereinafter “instant accident”).

C. From March 13, 2014 to May 22, 2014, the Plaintiff paid insurance proceeds to E in the name of KRW 472,530, F in the name of treatment costs or agreements arising from the instant accident, and KRW 2,898,270, and KRW 3,951,140 in total, KRW 7,321,940 in total.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 7 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The instant accident occurred when the negligence of the Plaintiff’s driver A and the negligence of the Defendant’s driver D are concurrent (joint tort). In light of the background of the accident, etc., the Defendant’s fault ratio is 40%. (2) The Plaintiff paid the total amount of KRW 7,321,940 to the Plaintiff for joint exemption, and thus, in accordance with the insurer’s subrogation doctrine, the Defendant is obligated to claim for the amount of claim corresponding to the negligence ratio (40%) to the Plaintiff.

B. According to the Road Traffic Act, the driver of any motor vehicle shall be the driver.