1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with C, including a special agreement on non-life insurance, with respect to D vehicles owned by C.

Defendant A is a driver who drives a motor device bicycle (hereinafter referred to as “Obane”), and Defendant B is the owner of the above Obane.

B. At around 12:10 on January 7, 2014, Defendant A, while driving the above Orab and crossinging the G cafeteria in F of Daegu-gu from the G cafeteria to the right side, Defendant A shocked the front part of the bicycle running on the right side from the G cafeteria to the right side of the bicycle running on the bicycle on the left side.

(hereinafter referred to as “instant accident”). C.

As a result, H suffered injury, such as cutting down the upper right flavers (mination) in need of approximately seven weeks of treatment.

The Plaintiff, as the wife of H, has the status of the insured as the wife of H, paid 40,000,000 won as an agreed amount for compensation for injury caused by the instant accident, and 14,133,480 won as medical expenses.

E. Defendant A deposited KRW 3,500,000 as the compensation amount for the instant accident as H.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 12, and Eul evidence 1 to 5 (including paper numbers; hereinafter the same shall apply)

2. The parties' assertion

A. The Plaintiff’s instant accident occurred due to a tort in violation of Defendant A’s duty of safe driving.

Therefore, pursuant to the insurer subrogation doctrine under Article 682 of the Commercial Act, the Plaintiff seeking payment of KRW 31,633,480 (the amount calculated by subtracting KRW 22,50,000 paid to the Defendants from KRW 54,133,480,00, which was paid by the Plaintiff to the said H) by subrogation of the Plaintiff’s claim for damages against the Defendant, who is the driver and owner of Ortoba, in accordance with the insurer subrogation doctrine under Article 682 of the Commercial Act.

In the judgment of the first instance court, 14,133,480 won of medical expenses paid by the plaintiff to H in the plaintiff's claim for reimbursement.