1.In accordance with a claim expanded and reduced in the trial, the judgment of the first instance court shall be modified as follows:

The defendant.

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with the insured with respect to C concrete mixtures vehicles owned B (hereinafter “instant vehicle”) during the period from July 2, 2012 to July 2, 2013.

B. At around 14:00 on May 15, 2013, B operated the instant vehicle at the construction site outside of D and Chungcheongnam-gun E Center (hereinafter “instant construction”). At the time B was unloading from the instant vehicle for the said work, the Defendant operated the concrete discharge pipe of the instant vehicle, thereby cutting down the discharge pipe and damaging the current discharge pipe to the discharge pipe (hereinafter “instant accident”).

C. As an insurance company of the instant vehicle, the Plaintiff paid KRW 1,003,630,00 to D as insurance proceeds for the instant accident. From December 11, 2013 to April 24, 2014, the Plaintiff paid KRW 8,343,70 as insurance proceeds for the instant accident.

[Ground for Recognition: Unsatisfy, Entry in Evidence A 1 through 9, Purport of the whole pleadings]

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred due to the Defendant’s negligence of arbitrarily manipulating the concrete discharge pipe of the instant vehicle, and the Defendant is liable for tort against the victim D. However, the Plaintiff, as the insurer of the instant vehicle, paid insurance money to the victim D in excess of B’s negligence. As the insurer of the instant vehicle, the Plaintiff jointly discharged the insured and the Defendant’s liability for the instant accident.

Therefore, the defendant is liable to pay the plaintiff the insurance money paid by the plaintiff to the plaintiff who acquired the right to claim damages against the defendant of the victim D by subrogation of the insurer, the amount of 8,343,770 won and delay damages.

B. Defendant’s assertion