1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid under the following paragraph (2) shall be revoked.

2.

1. Basic facts

A. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement with A on BM5 Private Taxi (hereinafter “Plaintiff”), and the Defendant is an insurer that entered into a comprehensive automobile insurance contract with C Two-wheeled Automobile (hereinafter “Defendant”).

B. Around 20:30 on June 23, 2016, the driver of the Defendant vehicle driven the Defendant vehicle, driving the Defendant vehicle, and driving the Defendant vehicle at the front part of the Defendant vehicle in front of the left-hand part of the Defendant vehicle, which was driven by the median line in the middle of the mountain basin along a four-lane road near the mountain basin in Gangseo-gu Seoul Metropolitan City, along with a four-lane road.

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

On August 12, 2016, the Plaintiff paid mutual-aid amounting to KRW 1,201,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident to E running D.

[Reasons for Recognition] Uncontentious Facts, Gap's statements in Gap's evidence 1 to 3, 5, and 8, Gap's evidence 4, 6, and 7, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The main point of the Plaintiff’s assertion (i) the instant accident occurred while the Plaintiff’s vehicle was proceeding in line with the traffic signal on the front side, and the U.S. is normally making it possible to be a U.S. driver at the white line. At the time of the instant accident, the Plaintiff’s driver could not anticipate the movement of the Defendant’s vehicle seeking to overtake the Plaintiff’s vehicle by following the rear line. Moreover, the Plaintiff’s driver did not have a duty of care to take safety measures by predicting the aforementioned cases. Therefore, the instant accident is due to the Defendant’s total negligence.

However, for A who is the beneficiary of the Plaintiff’s vehicle, the Plaintiff paid the mutual aid money of KRW 1,201,00 for the repair cost of the Plaintiff’s vehicle caused by the instant accident, by subrogation of the insurer under Article 682 of the Commercial Act.