1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) is revoked, and the revocation part is applicable.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract including a special agreement with Nonparty C as “any person aged 35 years or older” with respect to the scope of the insured as to the D vehicle owned by Nonparty C (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to E (hereinafter “Defendant vehicle”).

B. Around 14:50 on March 23, 2018, Nonparty F (1948), a family member of C, driven the Plaintiff’s vehicle on the front road of the Gangnam-gu Seoul Building, and changed the vehicle from three lanes to two lanes. At that time, the Defendant vehicle stops on the same road to two lanes, while changing the vehicle to two lanes, the lower portion on the left side of the Plaintiff vehicle entering the two lanes as above.

(hereinafter “instant accident”). The instant accident partially destroyed the Plaintiff’s vehicle, and Nonparty H, who was aboard the Plaintiff’s vehicle, suffered injury.

C. On March 28, 2018, the Defendant paid KRW 1,300,000 to H under the pretext of “agreement” for injury caused by the instant accident.

The defendant's "Written resolution on the payment of automobile agreement amount" refers to the detailed calculation details of the relevant agreement amount, and the materials for injury, the amount of loss for suspension of business, and the future treatment expenses (excluding the extra) are described respectively.

On April 2, 2018, the Plaintiff paid KRW 880,00,00 as the “agreement” for the instant accident, and KRW 215,930 as the “treatment cost” on April 17, 2018, respectively. The Plaintiff paid KRW 69,800 as the repair cost of the Plaintiff’s vehicle around April 30, 2018.

E. The Plaintiff filed a claim against the Defendant for deliberation on the cost of repairing the Plaintiff’s vehicle pursuant to Article 17 of the Mutual Agreement on the Deliberation on the Settlement of Automobile Insurance Claim (hereinafter “instant Mutual Agreement”). On May 31, 2018, the ratio of liability for the instant accident pursuant to Article 21 of the instant Mutual Agreement between the Plaintiff and the Defendant is 30% of the Plaintiff’s vehicle and the Defendant’s vehicle.