A. On November 20, 2018, Defendant C driving a J vehicle owned by the network G on the street before Kimhae-si, Kim Jong-si, with no license, and driving it on the first left-hand turn to the right-hand turn on the opposite direction of the village in the opposite intersection distance, and C was shocked in the same direction, and K died on the same spot.

B. The Plaintiff is a person who is entrusted with the affairs pertaining to the Guarantee of Automobile Accident Compensation Business under the Guarantee of Automobile Accident Compensation Act by the government and carries out a prescribed government guarantee business.

C. On April 16, 2019, the Plaintiff paid KRW 59,386,160 for the Government’s insurance proceeds to the bereaved family members of K under the pretext of agreement.

On the other hand, after the death of November 13, 2016, G succeeded to 1/2 shares in G’s property each, Defendant D and E, a child, and the said Defendants filed a special fixed approval report with the Busan Family Court 2017 D and 2209 on July 10, 2017. The said report was accepted on August 11, 2017.

[Ground of recognition] Facts without dispute, entry in Gap 1 through 5, purport of the whole pleadings

2. Determination

A. According to the above facts, the accident in this case occurred due to negligence although Defendant C had a duty of care to safely conduct the front section and the left section of the road. Thus, barring any special circumstance, Defendant C is the driver of the vehicle in this case, and Defendant D and E are jointly and severally liable to compensate for the damage suffered by the deceased as the owner of the vehicle in this case. The Plaintiff, as an insurer entrusted with the duties of guaranteeing the motor vehicle accident compensation of the Government, is entrusted with the duties of guaranteeing the motor vehicle accident compensation of the deceased, by paying the government insurance money under the pretext of agreement to the deceased’s heir as an insurer entrusted with the duties of guaranteeing the motor vehicle accident compensation, on the part of the inheritor’s heir, acquired by subrogation the damage claim against the Defendants (the above insurance money paid by the Plaintiff seems to have been appropriate for the amount of damage suffered by the deceased and the deceased’s heir). Defendant C and D jointly and severally agreed with the Plaintiff (=59,386,160 x 1/2), Defendant C and E shall be jointly and severally liable to the Plaintiff.