1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. As an insurance company, the Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with the Seoul Special Metropolitan City Development Bank Co., Ltd. (hereinafter “Plaintiff-vehicle”).

The defendant is a mutual aid business operator who has entered into a mutual aid agreement with the KAF and FF truck (hereinafter referred to as "Defendant vehicle").

B. On March 24, 2017, the driver of the Plaintiff’s vehicle: (a) driven the Plaintiff’s vehicle on March 18:40, 2017; and (b) driven the Plaintiff’s vehicle along a four-lane road in the direction of the board intersection in the outer cycle in the direction of the extension intersection in the direction of the extension intersection as the outer cycle road of the Manam-si, Sungnam-si; (c) concealed the back of the G bus, reporting the Defendant’s vehicle parked due to a malfunction (hereinafter “vehicle”); and (d) collision the rear of the Defendant’s vehicle with prior vehicle being pushed by the shock.

(hereinafter “instant accident”).

C. The Plaintiff paid KRW 150,664,670 to 23 passengers on board the Plaintiff’s vehicle who suffered injuries due to the instant accident, and 25 passengers on the front vehicle.

[Ground of recognition] Facts without dispute, Gap 1 to 8 evidence, Eul 1 to 7 evidence (including paper numbers), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion was caused by negligence that did not take measures to prevent the instant accident, such as the negligence of the Plaintiff’s driver and the driver of the Defendant’s vehicle stopping on the expressway due to breakdown at night, but moving the Defendant vehicle without installing safety signs on the rear side under the Road Traffic Act. The rate of the Defendant’s negligence contributed to the occurrence of the instant accident is at least 40%.

The Plaintiff exempted the victims of the instant accident from the Defendant’s liability for damages by paying the insurance money, and acquired the victims’ damage claim against the Defendant within the scope of the insurance money paid by the Plaintiff on behalf of the insurer under Article 682 of the Commercial Act.

Therefore, the defendant is insurance money for the plaintiff.