1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall include the costs of assisting in the appeal.

1. Basic facts

A. The Plaintiff is the owner of DMF3 vehicle (hereinafter “Plaintiff vehicle”), and the Defendant B is the driver of the E-W vehicle (hereinafter “Defendant vehicle”), and the Defendant C Co., Ltd. (hereinafter “Defendant C”) is the insurer who entered into a comprehensive automobile insurance contract regarding the Defendant vehicle.

B. On March 19, 2014, around 15:10 on March 19, 2014, Defendant B driven the Defendant vehicle, and turned the part of the driver’s seat of the Plaintiff vehicle, which was lowered from the underground parking lot to the front part of the Defendant vehicle, to the front part of the lower vehicle, along with the passage going to the ground going to the ground from the G-dong underground parking lot of the Eunpyeong-gu Seoul Metropolitan Government.

(hereinafter “instant accident”). C.

Plaintiff

After paying the insurance proceeds of KRW 3,619,600 to the Plaintiff under the pretext of repair expenses, etc., the insurer of the vehicle filed a lawsuit claiming reimbursement against the Defendant C as Seoul Central District Court 2015da642021. On May 12, 2016, the above court rendered a ruling that “Defendant C shall pay KRW 2,714,700 to H Co., Ltd. and its delay damages.” Accordingly, the lower court appealed as Seoul Central District Court 2016Na36095 on August 24, 2016, and the above appellate court rendered a ruling of recommending settlement that “Defendant C shall pay KRW 2,714,700 to H Co., Ltd. and its delay damages.” The above ruling of recommending settlement became final and conclusive at that time.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 5 (including paper numbers) and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1 is that the instant accident occurred due to Defendant B’s total negligence, and the Plaintiff’s driver, despite the absence of any negligence, shall pay the insurance premium upon recognition of the negligence of the Plaintiff’s vehicle, and the Plaintiff’s own share in the instant accident.