1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract (hereinafter “instant insurance contract”) including security for self-physical accidents with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile mutual aid contract with respect to the automobile D (hereinafter “Defendant”).

B. Around 8:00 on October 22, 2016, the Defendant’s vehicle driven along the two-lanes of the three-lane road in the U.S. E-1 factory located in Ulsan-gu, Ulsan-do. However, in the process of opening the driver’s seat of the Plaintiff’s vehicle G parked in the said three-lane road, there was an accident in which the driver’s vehicle shocked the back of the Plaintiff’s right-hand side of the vehicle into the left-hand side of G (hereinafter “instant accident”).

C. As a result of the instant accident, G, a driver of the Plaintiff’s vehicle, was injured by the 5th anniversary of the left part of the water table and the Section for Central Ampidrization of Dmpios. According to the instant insurance contract, G paid KRW 800,00, the 4,088,640, and the 96,00, and 6,127, and10, and the 6,110, and the 6,127, and 110, and the 9,980,760, and the 21,092,510, in aggregate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 to 3 and 5 (including each number), video, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred while the Defendant’s vehicle was close to the Plaintiff’s vehicle due to the Plaintiff’s breach of the duty of front-time driver, and thus, the Defendant’s driver is liable for damages under Article 3 of the Guarantee of Automobile Accident Compensation Act, and at least 50% of the fault ratio should be recognized.

Since the Plaintiff paid KRW 21,092,510 to G preferentially, the Defendant acquired the Defendant’s right to claim the insurance money by subrogation against the Defendant by paying the insurance money of KRW 21,092,510, out of the insurance