1. The claim of this case is dismissed.

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

Basic Facts

With respect to the period including the following date and time of the accident, the Plaintiff is the insurer of the D vehicle (hereinafter referred to as “Plaintiff vehicle”), and the Defendant is the insurer of the E vehicle (hereinafter referred to as “Defendant vehicle”).

On August 25, 2015, in the case of an accident that conflicts with the vehicles listed in subparagraphs 3 and 4 that the defendant vehicle, which had been different from the two lanes, entered the opposite lane in the middle of the two lanes, while the F in which the driver of the plaintiff vehicle was changing the two lanes from the first lane to the second lane, into the opposite lane (hereinafter referred to as the "accident of this case").

After paying insurance money as the defendant vehicle insurer, the defendant filed an application for deliberation with the G Committee, and the decision was made on August 4, 2016 that the negligence of the plaintiff vehicle was 90%.

The Plaintiff paid a total of KRW 45,526,023 to the Defendant during the period from September 27, 2016 to December 20, 2016 in accordance with the above mediation decision.

The prosecutor of the Daejeon District Prosecutors' Office changed the lane as above, and brought an action against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) on the ground that it was the cause of the instant accident, and the F was charged.

(S) On August 11, 2017, the Daejeon District Court rendered a judgment of not guilty of F, on the following grounds: (a) it cannot be deemed that the fact that the instant accident occurred due to the collision between the Plaintiff and the Defendant, as it is difficult to exclude the occurrence of the instant accident from other causes; and (b) it cannot be deemed that the fact that the instant accident occurred due to the collision between the Plaintiff and the Defendant’s vehicle cannot be ruled out to have been proven

The above judgment was finalized on December 29, 2017, since the prosecutor's appeal was dismissed and the appeal was not filed.

[Ground of recognition] A. 1 to 5 is without dispute, and the judgment of innocence against F, the driver of the plaintiff vehicle, after paying the plaintiff's indemnity to the plaintiff's assertion.