1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On June 26, 2016, the Defendant driven B vehicles (hereinafter “instant vehicle”) around 09:05, and proceeded two lanes from the two-lane roads in front D incheon City C toward the central intersection in the direction of the road. On the left side of the running direction of the instant vehicle, the Defendant shocked into the left side of the front side of the instant vehicle, where he boarded the bicycle on the right side of the instant vehicle (the age 73 at the time of the accident).

(hereinafter “instant accident”). (b)

As a result of the instant accident, E suffered injury, such as blood from cerebral blood, cerebral brain, closed fluoral dyke, closed dyke, eroke, eroke, eroke, eroke, etc.

C. The Plaintiff paid KRW 67,301,960,00 for the aggregate of the E medical expenses and the agreed amount in accordance with the General Motor Vehicle Insurance Contract for G vehicles entered into with F, a child of E, as insurance proceeds.

On the other hand, the Plaintiff received liability insurance money of KRW 28,960,690 from the Mz. Marine Insurance Co., Ltd. which the Defendant concluded a liability insurance contract with respect to the instant vehicle, and subsequently paid or expected to receive KRW 31,951,05 in accordance with the provisions on share of double insurance from the D non-life insurance company or the Korea Commercial Insurance Co., Ltd. under a non-life insurance contract with respect to the instant vehicle.

[Ground of recognition] The fact that there has been no dispute, each entry and video of Gap's evidence Nos. 1 through 5, and purport of whole pleading

2. The Plaintiff’s assertion that the instant accident occurred due to the mistake that, although the Defendant could have sufficiently discovered the E crossing the bicycle on board, it was done at a rapid speed without properly examining the front left, and the Plaintiff paid the insurance money to E, subrogatedly acquired the Defendant’s claim for damages against the Defendant in accordance with the insurer’s subrogation doctrine.

Therefore, the Defendant’s insurance money (=67,301,960 won - 28,960,690 won - 31,951,055 won) that the Plaintiff would be entitled to the final share of the Plaintiff with the indemnity amount, and damages for delay.