손해배상(자)
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.
1. Facts of recognition;
A. The Plaintiff is a co-owner of Dsch Rexroth and E renal (hereinafter “Plaintiff”).
Defendant C Co., Ltd. (hereinafter “Defendant Company”) is the owner of F Vehicle F (hereinafter “Defendant Vehicle”) and is the user of G, who is the driver of the Defendant Vehicle, and the Defendant B Federation (hereinafter “Defendant Federation”) is the mutual aid business operator who entered into a motor vehicle mutual aid agreement with respect to the Defendant Vehicle.
B. On February 13, 2018, the Plaintiff’s driver was driving along two lanes of the two-lanes of the 16:55 degrees in the cross-sections of the Yanyang-gun, Chungcheongnamyang-gun, at the point of the accident located in the 4th parallel parallel parallel parallel parallel parallel parallel parallel, and operated at the speed to avoid a collision and to avoid a collision, but failed to avoid a collision (hereinafter “prior accident”), and the Defendant’s vehicle following the Plaintiff’s vehicle was inferred the back of the Plaintiff’s vehicle.
(hereinafter referred to as “instant accident”). C.
On January 1, 2019, the Plaintiff acquired all damage claims arising from the instant accident against the Defendants by H, Inc., the nominal owner of the Plaintiff’s vehicle, and the Plaintiff delegated the authority to notify the assignment of claims to the Defendants around January 17, 2019.
The Plaintiff spent KRW 24,00,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Evidence Nos. 1 through 8 (including branch numbers for those with branch numbers), Eul's evidence No. 2, and the purport of the whole pleadings
2. The parties' assertion
A. The driver of the Plaintiff’s vehicle did not secure the safety distance while driving the vehicle, and caused the Plaintiff’s vehicle to shock in violation of the duty of front-time watch, and the Defendant’s vehicle was the principal fault of the instant accident.
B. The Defendants violated the duty to keep the Plaintiff’s vehicle driver in the process without securing the safety distance and thus violated the prior accident of this case.