1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. 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 A regarding B-wheeled Vehicle B owned by the Plaintiff (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with C with respect to D vehicles owned by C (hereinafter “Defendant”).

B. On October 10, 2015, at around 10:15, E driven the Defendant’s side vehicle, and left to the right from the G cafeteria parking lot located in the racing F, and at this time, there was an accident of shocking the front portion of the Plaintiff’s front part of the Plaintiff’s vehicle, which was driven in the direction of the small king in the direction of the small king direction, into the front part of the Defendant’s front part of the vehicle.

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

Accordingly, the Plaintiff, the driver of the Plaintiff’s vehicle, suffered injury corresponding to Class 1 under the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act, and the Plaintiff paid KRW 22,268,650 in total to H’s hospital treatment costs four times from February 24, 2016 to May 11, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred while driving a vehicle on the part of the Defendant, and E obtained a comprehensive consent or ex post consent with respect to the operation of the said vehicle from C, the owner of the said vehicle.

Therefore, C is liable for damages to H under the Guarantee of Automobile Accident Compensation Act as the operator of the above vehicle in relation to the accident.

However, the defendant, who is the insurer of the above vehicle, refused to pay the insurance proceeds to H, and the plaintiff paid the sum of KRW 22,268,650 to H's hospital treatment costs based on the special agreement on the injury security with A.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 20 million, which was the maximum amount of injury corresponding to class 1 under the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act at the time.

B. The Defendant’s assertion E is from C, the owner of the Defendant’s vehicle.