1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.

1. Basic facts

A. At around 14:41 on November 24, 2013, B driven a newter freight vehicle C (hereinafter “Plaintiff vehicle”) and driven a two-lane road in front of the E-do D located in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-gun, along a one-lane radius from the e-lane surface to the e-mail surface. On the other hand, B driven a adjacent road into the e-mail seat from the e-mail surface at the e-mail seat seat of the station located in Chungcheongnam-si, Chungcheong the part of the Defendant’s vehicle driving in excess of the central line to the e-mail seat of the Plaintiff vehicle (hereinafter “Defendant vehicle”).

(hereinafter “instant accident”).

B. The Defendant sustained injury due to the instant accident. The Plaintiff was an insurer that entered into a comprehensive automobile insurance contract (the insurance period from March 12, 2013 to March 12, 2014) with respect to the Plaintiff’s vehicle B, and the Defendant paid KRW 3,50,000 to the Defendant on December 4, 2013 upon the Defendant’s request for advance payment of medical expenses due to the instant accident. The Defendant paid KRW 63,480 (=206,080 KRW 427,40) to the Fents who received the instant medical treatment after the instant accident, and paid KRW 1,59,570 won to the G Hospital on March 12, 2014 (i.e., KRW 880, KRW 870, KRW 870, KRW 808, KRW 1070, KRW 108,070, KRW 3015, etc.).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6 through 9, 18, 21 through 22 (including paper numbers; hereinafter the same shall apply), Eul evidence 1 and 6, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the Defendant’s intrusion on the Defendant’s own central line, and that the Plaintiff’s driver B of the Plaintiff’s vehicle, who was proceeding at the first lane, did not have any time to avoid the Defendant’s vehicle, and cannot be deemed to have been negligent in the occurrence of the instant accident. Therefore, the Plaintiff is the insurer of the Plaintiff’s vehicle, and is not liable for the Defendant’s compensation for the damages

Therefore, the defendant paid the plaintiff the advance payment directly to the medical institution that the plaintiff provided the defendant or the defendant to the medical institution.