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 entered into a comprehensive automobile insurance contract with respect to Crocketing vehicles (hereinafter “Plaintiffs”), and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with D with respect to Enucing vehicles (hereinafter “Defendant”).

B. On October 16, 2013, around 19:30, at the entrance of the building site of the Seosung-dong, Chungcheongnam-dong, Chungcheongnam-gu, Chungcheongnam-gu, Daejeon, the collision occurred between the front-hander of the Defendant’s vehicle (DriverD) who changed the lanes from three lanes to two lanes among the fourth lanes, and the front-hander of the Plaintiff’s vehicle (Plaintiff’s Intervenor A), where the two lanes are in progress, on the left-hand side of the Plaintiff’s vehicle (Plaintiff’s Intervenor A) where the Plaintiff’s vehicle runs, and due to the corresponding shock, the occurrence of another traffic accident attributable to another vehicle where the Plaintiff’s vehicle runs one lane.

(hereinafter referred to as the "accident of this case")

The Defendant filed an application with the Plaintiff for deliberation on the ratio of negligence of both parties in relation to the material damage of the Defendant vehicle, and the decision of July 6, 2015, the Defendant rendered a decision of 10:90 of the Defendant’s fault ratio, and became final and conclusive after the Plaintiff’s request for reexamination.

The Defendant paid KRW 41,493,590, including the agreed amount of KRW 22,354,190 due to the instant accident, to D in accordance with the Special Agreement on Security for Automobile Injury with D, and thereafter, filed a claim with the Plaintiff for the above treatment costs of KRW 22,354,190, and received the payment on May 17, 2016.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 10, Eul evidence 1 to 4

2. As to the plaintiff's cause of claim

A. The instant accident occurred due to the driver’s negligence of the Defendant, and the Plaintiff’s driver A was an inevitable accident that could not be avoided.

(2) Even if there is a partial negligence on the part of the Plaintiff’s vehicle, the amount to be borne by the Plaintiff is the amount equivalent to the negligence of the Plaintiff’s driver out of the total damages of the Defendant’s driver.

The defendant is merely 5-10% of the negligence of the driver of the plaintiff vehicle.