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 including accident insurance by non-life insurance (for life insurance: B, compensation limit: 200 million won per person of the insured) with respect to C vehicles owned by B, and the Defendant is the owner and driver of DOba (hereinafter “the instant Obaba”).

B. On October 29, 201, around 15:15, at around 10:15, the Defendant’s driving of the instant case, which was driven by the Defendant’s bicycle riding, from the ductal surface to the ductal surface in front of 100 meters from the front section of the F Company E located in the Jeonan-gun, North Korea, to the lower part of the road (hereinafter “instant bicycle”). The occurrence of the collision (hereinafter “the instant traffic accident”) between the Defendant’s bicycle driving, which came from the ductal surface to the ductal surface from the lower part of the ductal surface (hereinafter “instant bicycle”) and the Plaintiff’s injury, such as the right ductal surface and the dullal surface requiring 16 weeks from G to the lower part of the river.

C. From March 7, 2012 to January 23, 2015, the Plaintiff paid a total of KRW 36,077,570 to the hospital that received treatment by G, and the Defendant returned KRW 9,462,360 from the Korea Commercial Damage Insurance Co., Ltd. that purchased personal compensation I.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, each entry of evidence 7, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion (1) The instant accident occurred due to the Defendant’s negligence, which neglected to drive the instant Otoba at a speed exceeding 16.34 km, 76.34 km per hour while driving the instant Otoba at a speed exceeding 16.34 km.

(2) Therefore, the Defendant is liable to pay the Plaintiff, who paid medical expenses based on an accident insurance for non-insurance vehicles, the amount of return from the above medical expenses paid by the Plaintiff in accordance with the insurer subrogation doctrine under Article 682 of the Commercial Act (=36,077,570,570-9,462,370), and the delay damages therefrom.

B. The Defendant’s assertion was solely caused by G’s negligence.