1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A car (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to B cab (hereinafter “Defendant”).

B. On May 7, 2016, at around 00:55, the Plaintiff’s vehicle walked the three-lanes of the three-lanes of the 78-do 3rd-ro, Songpa-gu, Songpa-gu, Seoul, and shocked C and D coming from the sidewalk located on the right side of the Plaintiff’s vehicle in order to get off a taxi, with the said three-lanes of the said road to get off a taxi.

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

From June 22, 2016 to May 11, 2018, the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 40,070,630 in total as the vehicle agreement and medical expenses in accordance with the instant accident.

[Grounds for recognition] The descriptions and images of Gap evidence Nos. 1 and 12, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Defendant’s vehicle driving along the two lanes changed the vehicle line to one’s own three lanes to board passengers, and the Plaintiff’s vehicle seeking to avoid the Defendant’s vehicle was shocked by pedestrians. Therefore, the instant accident may be deemed an accident caused by competition between the negligence of the Defendant’s driver and the negligence of the Plaintiff’s driver. As such, the Defendant’s driver is liable to compensate for damages arising from the instant accident as joint tortfeasor, and the Defendant, the insurer of the Defendant’s vehicle, is liable to pay 80% of the insurance proceeds paid by the Plaintiff as compensation amount for the instant accident, which is the negligence of the Defendant’s vehicle, out of the insurance proceeds paid by the Plaintiff as the damages amount caused by the instant accident.