1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

2. All costs of the 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-to-pubed vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with respect to B cargo vehicles (hereinafter “Defendant vehicle”).

B. On August 13, 2016, around 11:00, there was a traffic accident that conflicts between the Plaintiff’s vehicle that tried to combine the two lanes of the two lanes near Pyeongtaek-si Man-Eup located in Pyeongtaek-si and the Defendant’s vehicle that continued the two lanes of the said two lanes.

At the time of the accident, the plaintiff's driver was on board the plaintiff's vehicle including Pakistan, but the driver of the plaintiff's vehicle stated that the plaintiff's driver was D (D, female, 32 years old) and 2 children (n, 9 years old and 2 years old) who are his/her spouse at the police investigation on September 13, 2016.

C. In the event of the foregoing traffic accident, from August 22, 2016 to September 26, 2016, the Defendant paid KRW 400,000 to C who is the driver of the Plaintiff’s vehicle, KRW 420,030 to his/her passenger, KRW 405,40 to his/her passenger (F, female, G), and KRW 378,440 to his/her passenger (H, female, I), who is the passenger, respectively.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 5 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The fault ratio of the plaintiff and the defendant's vehicle against the above traffic accident is 70:30.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 200,760,760 (=69,210 x 30%, and less than KRW 10 x 10) equivalent to the fault ratio of the Defendant’s vehicle among the total insurance money paid by the Plaintiff to J and K, who is the seat of the Plaintiff’s vehicle, as the passenger of the Plaintiff’s vehicle, and damages for delay.

B. The circumstances leading up to the occurrence of the foregoing traffic accident, the location of the original and the Defendant’s vehicle at the time of the accident, which can be seen by the evidence revealed prior to the above recognition of the fault ratio by the original and the Defendant’s vehicle.