구상금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
judgment of the first instance.
1. Facts of recognition;
A. The relevant Plaintiff is an insurance company that has entered into an automobile insurance contract with respect to C vehicles (hereinafter “Plaintiffs”). The Defendant is a mutual aid company that entered into a mutual aid agreement with respect to D vehicles (hereinafter “Defendant”), including the time when the driver is named.
B. (1) On January 28, 2019, E, a taxi driver, driven F and G, who are passengers, on the back seat, and driven the Defendant’s vehicle on the back seat, and driven the Defendant’s vehicle to drive the vehicle, one way of which is the difference between F and G, U.S. Asan-gu, Ulsan, U.S. and one another, one of which is about 70 km per hour, from the north bank of the sular distance to the north bank of the name village. However, F, who was on the back seat of H, was driving at the right side of the Defendant vehicle and turned it over to two-lanes.
(2) From the beginning of about 18 seconds, a traffic accident involving F, which the Plaintiff’s vehicle driving along the same two-lanes following the road (hereinafter “instant accident”), suffered an injury by F, and the details thereof are indicated in the attached Form No. 1 site map.
C. By April 30, 2019, the Plaintiff paid F with KRW 51,520,950 as insurance proceeds to F as medical expenses.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3-6, Eul evidence 1 and 2 (including branch numbers for those with serial numbers), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s Defendant vehicle should have had both F and G wear safety belts. Since F was in a state of being unable to normally drive the vehicle in dispute with G that is the passenger immediately before he was lowered from the Defendant’s vehicle, it should have taken such measures as stopping or driving the vehicle on the side. There was a duty of care to send F to a safe place after getting off the Defendant’s vehicle and driving the vehicle on the road.