1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The appeal costs.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with the D vehicle owned by C (hereinafter “Plaintiff”).

B. On October 22, 2015, E driving a vehicle on October 22, 2015, and driving the mountain trails in the Bong-Eup in the Jeju City (e.g., two lanes) into one-lane in the e.g., the e., the Defendant’s horse (hereinafter “the horses in this case”) at the e.g., the Defendant’s end was shocked to be used in the first lane.

(hereinafter referred to as “first accident”). E left the horses of this case as it is. (c) On October 22, 2015, around 06:18, the Plaintiff’s vehicle was driven by a vehicle of this case, and the Plaintiff’s vehicle was damaged (hereinafter referred to as “second accident”).

The Plaintiff paid C the total of KRW 14,036,350,000 and the total of KRW 8,356,350 for its own vehicle insurance proceeds.

[Reasons for Recognition] Facts without dispute, Gap 1-3 evidence (including each number), Eul 1 and 2 evidence, and the purport of the whole pleadings

2. The assertion and judgment on the main claim

A. The second accident was caused by the Defendant’s unilateral negligence, as a result of the Defendant’s neglect of management and supervision of the horses entirely.

The Plaintiff paid KRW 14,036,350 in total to C with insurance proceeds, and acquired by subrogation the damage claim against C pursuant to Article 682 of the Commercial Act, the Defendant is obligated to pay the Plaintiff the indemnity amount of KRW 14,036,350 and the delay damages.

B. The following circumstances, which can be acknowledged by the evidence as seen earlier, that is, E neglected the horses of this case even after causing a primary accident; ② The horse of this case is used on the road due to the primary accident; thus, it is not possible for the Defendant to expect the horses already used due to the primary accident; ③ the secondary accident must take into account the fact that the secondary accident occurred after about 20 minutes from the primary accident.