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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a mutual aid business entity that has entered into a motor vehicle mutual aid agreement with A cargo vehicle owned by the new company company (hereinafter “Plaintiff vehicle”), and the Defendant is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with C Private Taxi owned by B (hereinafter “Defendant”).
B. D, around 04:00 on October 24, 2013, operated Otoba, and passed seven-lanes of the southwest of the Hannam-dong, Gangnam-gu, Seoul, the southwest of which are 408, the southwest of the Hannam-do, Seoul, as the southwest of the Hannam-do, the southwest of which was located, was turned over to the floor of the road due to an unforeseen reason.
C. While D was in excess of the above, the Plaintiff’s vehicle driven by F was in excess of D, and the Defendant’s vehicle driven by B thereafter was also in excess of D.
In the course of the above series of accidents, D died of various forms, such as drupture of drupture and drupture of drupture, drupture of drupture, waste, waste, livers, rain drupture, and drupture of drupture and drupture.
E. Since then on May 29, 2014, the Plaintiff calculated as KRW 193,665,038 (the funeral expenses of KRW 162,465,038 (the funeral expenses of KRW 162,950,000), and paid KRW 190,000 among them, for the death of D around May 29, 2014, the Plaintiff calculated as KRW 65% of the Plaintiff’s driver’s negligence and KRW 35% of D’s negligence. Based on this, the Plaintiff agreed to pay KRW 190,00,000 among them.
6.3. G paid KRW 190,000,00 to G.
[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 through 6 (including paper numbers) and the purport of the whole pleadings
2. Determination
A. The plaintiff's alleged driver and the driver of the defendant vehicle and the driver of the defendant vehicle are liable for damages caused by the death of D under Article 760 (2) of the Civil Code.
However, as seen earlier, the Plaintiff paid KRW 190,00,000 to G as a mutual aid project operator who entered into a mutual aid agreement with the Plaintiff vehicle.