The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding thereto shall be dismissed.

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract (including special agreement for personal compensation 1, 2 and security for self-physical accidents; hereinafter “instant insurance contract”) with respect to the E Freight (hereinafter “Plaintiff Vehicle”) as the insured, and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to the G Vehicle (hereinafter “Defendant Vehicle”).

B. On November 29, 2017, the driver of the Defendant’s vehicle driven along a one-lane road (hereinafter “instant road”) located in the front section of the road along the front section of the 835-lane-dong-dong-ro (hereinafter “instant road”) around November 29, 2017, the driver of the Defendant’s vehicle led the Non-Party vehicle to stop according to the Non-Party vehicle by overtaking the Non-Party vehicle and stopping the Defendant vehicle in front of the Non-Party in order to witness and inform him of the flow of oil going beyond the oil tank loaded on the P Freight vehicle (hereinafter “non-Party vehicle”).

C. At the time, D, who driven the Plaintiff’s vehicle on the rear side of the horse, was found to have immediately driven the instant road, but it did not reach the lower part of the Plaintiff’s vehicle. As a result, the Nonparty’s vehicle was pushed down in the future, and the front part of the Defendant’s vehicle was shocked.

(hereinafter “instant accident”). The instant accident caused the death of D, who is the driver of the Plaintiff’s vehicle, and the injury of I, J, K, L, and M (hereinafter “W winners”).

On February 22, 2018, the Plaintiff paid KRW 30,008,00 to his/her bereaved family members of the insured D for the instant accident. From December 14, 2017 to June 26, 2018, the Plaintiff paid KRW 58,732,320 for the medical expenses incurred from the instant accident (i.e., insurance money of KRW 3,488,730 to J 3,417,90 for the insurance money of KRW 3,417,90 for the insurance money of KRW 20,952,380 for the insurance money of KRW 5,950 for the instant accident ( KRW 24,922,810 for M) as insurance money.