1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for adding the following judgments, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【The portion to be determined additionally】 The Plaintiff’s participation in the instant tort by failing to inform the Plaintiff of the fact that the Defendant’s side was prohibited from using the long-term repair appropriations as the cost of off-the-counter operation, and the Plaintiff paid KRW 25,531,182 to the Seoul Guarantee Insurance on March 27, 2014 upon the claim for reimbursement of the Seoul Guarantee Insurance in relation to the instant tort. As such, the Defendant is obliged to pay the Plaintiff the amount of KRW 12,765,591 (=25,531,182 x 50% of the Defendant’s fault ratio) and delay damages.

However, the evidence presented by the Plaintiff alone is insufficient to recognize that the Defendant participated in the instant tort, and there is no other evidence to acknowledge it.

As seen earlier, the Plaintiff’s assertion is merely a surety under the Guarantee Insurance Contract of this case, and fulfilled its liability for reimbursement to Seoul Guarantee Insurance. Therefore, the Plaintiff’s above assertion is without merit without further review.

2. The judgment of the first instance court is justifiable, and the plaintiff's appeal is dismissed.