2. B

2. D;

3. E.

2. The Defendants jointly pay 2,723,212 won to Plaintiff B and 5% interest per annum from May 23, 2016 to July 7, 2017, and 15% per annum from the next day to the day of full payment.

3. The plaintiff limited liability company's claims against the defendant C and D, the remaining claims against the defendant E, and the rest of the plaintiff Eul are dismissed.

4. Of the costs of lawsuit, the part arising between the Plaintiff limited liability company A and the Defendant C and D shall be borne by the Plaintiff limited liability company. 82% of the part arising between the Plaintiff limited liability company A and the Defendant E shall be borne by the Plaintiff limited liability company, and the remainder by the Defendant E., and 60% of the part arising between the Plaintiff B and the Defendants shall be borne by the Plaintiff B

5. The above paragraphs 1 and 2 can be provisionally executed.

(a) Facts of recognition;

1) 2016. 5. 23. 전북 임실군 오수면 대명리 남악교차로 부근에서 원고 B는 덤프트럭 (F, 이하 '원고 차량이라 한다)을 운전하여 전주 방면에서 남원 방향으로 1차로를 지나고 있었고, 피고 E은 SM5 차량(G, 이하 '피고 차량'이라 한다)을 운전하여 남원 방면에서 전주 방향으로 1차로를 지나고 있었다. 그런데 피고 차량이 안전거리를 확보하지 않은 채 운전한 과실로 앞서 가던 아반떼 차량(H)을 들이받았고, 이에 아반떼 차량이 반대차로로 튕겨져 나가 마주오던 원고 차량을 충돌하게 되었다(갑 제1호증, 이하 위 사고를 '이 사건 사고'라 한다).

2) The Plaintiff Limited Liability Company A (hereinafter referred to as “A”) is the owner of the Plaintiff vehicle (Evidence A 4), the Plaintiff C, and D are the owner of the Defendant vehicle.

B. Establishment of liability

1) According to the above facts of recognition, Defendant E is liable for damages sustained by Plaintiff A due to tort, and the Defendants are liable for damages sustained by Plaintiff B pursuant to Article 3 of the Guarantee of Automobile Accident Compensation Act.

2) Although the Plaintiff sought damages against Defendant C and D, it is difficult to view that Defendant C and D are liable for damages arising out of tort against the instant accident solely on the ground that Defendant C and D are the owner of the Defendant vehicle, the Plaintiff’s claim for this part of this case cannot be accepted.

2. Scope of liability for damages

A. Plaintiff A

1) Plaintiff A asserts that the repair cost of this case was KRW 19,287,720. Plaintiff A paid KRW 19,287,720 for the repair cost of this case. In light of the fact that Plaintiff A did not submit evidence that incurred the repair cost equivalent to the actual amount, even though the repair cost was completed, Plaintiff A’s claim for this part of this case cannot be accepted.

2) However, even after the repair of the Plaintiff’s vehicle due to the instant accident, the exchange value of KRW 4,180,000 is recognized as losses (written appraisal on April 22, 2017).

B. Plaintiff B

1) Plaintiff B appears to be engaged in the secondary wholesale business, and Plaintiff B’s earned income should be recognized as a method of calculating alternative employment expenses. Accordingly, recognition of KRW 1,723,212,212 of the lost income loss of 12 days (Evidence A 3) during the hospitalization period based on the daily wage of construction machinery drivers of construction machinery at the time of the accident (the second half of 2016), based on the construction machinery drivers’ daily wage of 143,601.

2) Moreover, in consideration of all the circumstances, such as the parts and degree of injury, the consolation money of KRW 1,000,000 shall be recognized.

C. Sub-committee

Therefore, Defendant E is obligated to pay Plaintiff A 4,180,00 won and delay damages calculated at the rate of 5% per annum prescribed by the Civil Act from May 23, 2016, the date of the instant accident to July 7, 2017, which is the date of the instant judgment, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to the date of full payment. The Defendants jointly have the obligation to pay Plaintiff B 2,723,212 won and delay damages calculated at the rate of 5% per annum prescribed by the Civil Act from the date of the instant accident to July 7, 2017, and from the next day to the date of full payment.