1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

2...

1. Basic facts

A. The Plaintiff is an insurer that entered into a comprehensive automobile insurance contract (hereinafter “Plaintiff insurance contract”) with C containing a special agreement on security for safe consignment driving.

B. The Defendant is an insurer who entered into a motor vehicle mutual aid contract (including personal compensation I; hereinafter “Defendant insurance contract”) with D Co., Ltd. (hereinafter “D”) with respect to the motor vehicle with respect to the motor vehicle for Embctor (hereinafter “the instant motor vehicle”). The term of the contract is set as one year from June 10, 2018 and the period of the contract is set as one year from June 10, 2018.

C. D operated the instant vehicle by entrusting F, who is an investor in kind of the instant vehicle, with a part of the management of trucking transport business.

On April 10, 2019, F consented to the voluntary disposal of securities to G Co., Ltd., the mortgagee of the instant vehicle, and thereby G Co., Ltd. took place the public auction procedure for the instant vehicle, and H completed the registration of transfer of name on April 24, 2019 upon receiving the instant vehicle from the public auction procedure.

On April 24, 2019, C, a consigned driver, driven the instant vehicle to H around 10:5 in the course of transmitting the instant vehicle to H, and driven the instant vehicle in the same direction while driving in the vicinity of the Gyeong Highway C, which was driving along the same line with the same vehicle line (hereinafter referred to as “instant accident”), and as a result, I sustained injury equivalent to Grade 12 (1,200,000, the maximum amount of liability insurance premium).

E. On April 25, 2019, the Plaintiff paid 1,500,000 won in total to I under the name of consolation money, business suspension damage amount, future treatment expenses, etc. according to the Plaintiff’s insurance contract.

F. Meanwhile, the Plaintiff’s insurance contract provides that only damages exceeding the amount payable by the personal compensation first insurance with respect to personal compensation shall be compensated for.

The defendant's automobile insurance contract terms and conditions (hereinafter referred to as "this case's automobile insurance contract terms and conditions") shall be "members of the association" in Article 50 (1).