1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who had entered into the KBC Motor Vehicle Insurance Contract (hereinafter “instant insurance contract”) with Nonparty C with respect to D vehicles in addition to the “accidentd Motor Vehicle Cover Special Agreement” with respect to D vehicles, and the Defendant is an insurer who entered into an insurance contract with Nonparty E with respect to F vehicles (hereinafter “Defendant vehicle”).

B. At around 15:00 on February 2, 2018, E driven the Defendant’s vehicle, driving the five-lanes of the five-lane road in front of Gangdong-gu Seoul Metropolitan Government G to the ecological park from the right edge of the road in front of the upper day, and Nonparty H’s Hubucks, which cross the road without permission from the right edge of the Defendant’s vehicle driving direction, shocked into the front part of the Defendant’s vehicle for about four weeks, and suffered injury to H, “the thring, closed (five-lane) of the aggregate of the 1 wn wn, other than the wn wn wn wn wn wn wn wn wn wn wn wn wn

(hereinafter “the instant accident”). At the time of the instant accident, the Defendant’s vehicle was subscribed only to liability insurance (personal injury I) to the Defendant, and thus, constitutes “non-insurance vehicle” under the instant insurance contract.

C. According to Article 18(1)2 of the General Terms and Conditions of the instant insurance contract, Article 18(1) of the said General Terms and Conditions provides that the insured or his spouse’s parents and children shall be the insured of a special contract for injury security by an non-insurance motor vehicle, and H is the mother of C, the registered insured of the instant insurance contract.

On February 22, 2018, the Plaintiff paid KRW 2,817,150,00 for the total amount of KRW 1,00,000 for the final agreed amount and KRW 1,817,150 for hospital treatment expenses on April 9, 2018, with the insurance money under the instant non-insurance contract with H as the insurance money under the non-insurance contract.

E. On February 24, 2018, E entered into a civil and criminal agreement with H on the instant accident (hereinafter “instant agreement”) and paid KRW 1,500,000 with the agreed amount.

F. According to Article 20 of the General Terms and Conditions of the Insurance Contract of this case, an injury security special agreement by an insured automobile is concluded.