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

2...

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A vehicles (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with respect to B buses (hereinafter “Defendant bus”).

B. On November 16, 2013, C driving the Defendant bus around 22:00, while driving the Defendant bus and driving it at around 22:0, in two-lanes of the two-lanes of the northwest-gu movable property in the front city, at a speed of about 104 km from the surface of the front city to the Gun mountain, the speed of 104 km from the surface of the front city, along the two-lanes of the four-lanes of the road in the front city of the city, and the two-lanes of the road in the front city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city,

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

On December 2, 2013, the Plaintiff paid KRW 2,338,500 (excluding exemption amount of KRW 500,000), including the repair cost of the Plaintiff’s vehicle, as insurance money.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 5 (including each lot number application in case of additional number) or video, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted by the parties that the accident in this case was committed by the driver of the plaintiff's vehicle who violated the signal but continued to enter the intersection. However, although the defendant bus continued to proceed with and caused the collision, if the negligence of the defendant bus driver who did not take appropriate measures to avoid collision while proceeding with the driver of the plaintiff's vehicle who violated the signal was committed concurrently, the defendant asserts that the defendant is liable to claim for reimbursement of 467,700 won (=2,38,500 won x 0.2) out of the insurance money, such as vehicle repair expenses paid by the plaintiff, which is equivalent to 20% of the fault ratio. However, the defendant asserted that the defendant is liable for reimbursement.