1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with A for BM3 vehicles (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who entered into an automobile insurance contract with C for D 25.5 tons of d dump trucks (hereinafter “Defendant vehicle”).

B. On January 21, 2017, at around 05:36, C driven the Defendant’s vehicle, and driven the Defendant’s vehicle into the right side of the Defendant’s vehicle with two lanes in front of the F (F) front crosswalk E in Busan, the two-lanes of the two-lanes in front of the F (F) front of the F (F) crossing E, and instead, in the course of the right-hand right-handing from the direction of the Defendant’s course, when the Defendant’s vehicle was by occupational negligence bypassing the crosswalk to an uneasible speed, C did not look well at the right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand side

(hereinafter referred to as “the primary accident”). In the meantime, A driven the Plaintiff’s vehicle at the said place, and led the victim, who was shocked to the Defendant’s vehicle and was used in the first lane, to the lower part of the Plaintiff’s vehicle (hereinafter “the second accident”). Ultimately, the victim died of multiple types of damage, such as a ductal and cerebral wave, in the said place.

(hereinafter referred to as “instant death accident”) the victim died.

The Defendant filed a petition with the committee for deliberation on the dispute over indemnity against automobile insurance (hereinafter referred to as the “Committee”) for deliberation on the negligence of the instant death accident. On May 29, 2017, the Committee decided that the Plaintiff is responsible for paying KRW 70 million to the Defendant by deeming that the negligence of the Plaintiff’s vehicle on the instant death accident was 20% and the negligence of the Defendant’s vehicle was 80%.

(hereinafter referred to as “instant decision”) D.

On June 13, 2017, the Plaintiff paid KRW 70 million to the Defendant according to the instant decision.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, and 8, and Eul evidence 1;