1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff is a mutual aid business operator who entered into a motor vehicle mutual aid contract with respect to the Plaintiff’s vehicle A (hereinafter “Plaintiff’s vehicle”). The Defendant is an insurer who entered into a motor vehicle insurance contract with respect to the Defendant’s vehicle B (hereinafter “Defendant’s vehicle

B. On November 16, 2016, around 08:50, an accident occurred between the Plaintiff’s vehicle and the Defendant’s vehicle in front of “D” on the road located in Ansan-si Group C.

C. At the time of the foregoing accident, the driver of the Defendant vehicle was E, and the F, his spouse, was on the Defendant vehicle. However, due to the foregoing accident, the F sustained injury, such as catitis, satitis, and satitis. On November 23, 2016, the Plaintiff paid 620,000 won to F for consolation money, business suspension damage, and future treatment expenses, and 378,860 won for F’s medical expenses at G hospital on December 15, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 4, the purport of the whole pleading

2. The assertion and judgment

A. The plaintiff's right to indemnity against the defendant 1) The plaintiff asserts that the damage of F due to the above accident occurred due to joint tort committed by the driver of the plaintiff's vehicle and E, and that the plaintiff also discharged the defendant's obligation to pay insurance money to F by compensating for the damage of F, and thus the defendant has acquired the right to indemnity against the defendant. On the other hand, the defendant asserts that F is entitled to indemnity against the defendant as joint operator of the defendant's vehicle.

Since it does not correspond to the "other person" above, F does not bear an obligation to pay insurance proceeds, and accordingly, it does not bear an obligation to indemnify the plaintiff.

In principle, lineal ascendants and descendants of a motor vehicle owner, such as the spouse, lineal ascendants and descendants of the motor vehicle owner, are "other persons" under the Motor Vehicle Loss Act. However, if a person with a close relationship, such as the victim's spouse or lineal ascendants and descendants, is recognized as a person with a motor vehicle owner, for example, a couple is in a partnership with the