1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

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

1. Basic facts

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

B. On April 17, 2016, at around 23:45, the Plaintiff’s vehicle driven three lanes of the three-lanes in front of the intersection of a private street in the vicinity of the Drout and Drout in Guro-gu Seoul Metropolitan City, and passed the intersection in accordance with the straight line signals, and the front portion of the Defendant’s vehicle driven in the same direction three-lanes in front of the right side of the Plaintiff vehicle.

(hereinafter “instant accident”). Due to the instant accident, the driver E of the Plaintiff and the F who was aboard the Plaintiff’s vehicle suffered injury.

C. By June 29, 2016, the Plaintiff paid insurance proceeds of KRW 3,731,290 in total with each of the medical expenses of E and F arising from the instant accident.

[Ground of recognition] Each entry or video of Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 3 (including branch numbers), and the purport of the whole pleadings

2. Determination on this safety defense

A. As to the claim against the Defendant, who is the insurer of the Plaintiff’s vehicle, against the Defendant, who is the mutual aid business operator of the Defendant’s vehicle, the Defendant asserts that the instant lawsuit is unlawful as it violates the subordinate agreement under the mutual agreement on the deliberation of the dispute over the reimbursement of automobile insurance.

B. In full view of the purport of the argument in the statement No. 2 of the judgment, in order to resolve disputes arising between an insurer or a mutual-aid businessman and the liability for automobile insurance or automobile mutual-aid as a party to an agreement, etc. on the ground that the Plaintiff, the Defendant, and the mutual-aid businessman are concurrently liable for the automobile insurance or automobile mutual-aid as stipulated in the Guarantee of Automobile Accident Compensation Act, etc., reasonably and economically.