1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of premise;

A. The Plaintiff is the insurer of CA car (hereinafter “instant car”), and the Defendant B is the owner of D D tea (hereinafter “instant car”).

B. On November 22, 2012, E, driving the instant car on November 19, 2012, and driving the instant car, which led to Defendant A’s instant car driving in front of Defendant A’s driving of Defendant A’s instant car, while driving the first line of the road in front of the Gyeong-gu, Nam-do, Nam-si, Nam-si, Nam-si, Nam-si, Nam-si, Nam-si, Nam-do, in the southsan City, from the southsan to the Gyeong-si, and thereby, Defendant A driving the instant car.

(hereinafter referred to as “instant accident”). C.

The Plaintiff, as an insurer, paid KRW 104,359,760 in total to E by April 19, 2013.

【Ground of recognition】 In the absence of dispute, Gap evidence 1-1, Eul evidence 2-1, Gap evidence 4-1, 2, Gap evidence 5-1, 2, Eul evidence 5-2, Eul evidence 1 and 3, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The instant accident, which caused the claim, was caused by the concurrence between E’s negligence and the Defendants’ negligence, and the Defendants’ negligence contributed to the said accident shall be deemed to exceed KRW 30%.

The damage sustained by E due to the instant accident is KRW 126,479,265 (i.e., daily actual income KRW 91,119,505 (i.e., KRW 10,150,000 for future medical treatment expenses of KRW 9,209,760 for future medical treatment expenses of KRW 10,150,00 for solatium). Since the Plaintiff paid insurance money of KRW 104,359,760 to E as the insurer, the Plaintiff acquired the rights to the Defendants to the extent of the aforementioned amount paid.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 49,143,779 [the amount of KRW 91,119,505 for daily income = (the amount of KRW 9,209,760 for future treatment expenses of KRW 10,150 for future treatment expenses)] ¡¿ 16,00,000 for solatium, and the amount of less than KRW 30 for delay damages.]

B. First, we examine whether the instant car owner constitutes an automobile under the Guarantee of Automobile Accident Compensation Act.

Article 2 subparagraph 1 of the Guarantee of Automobile Accident Compensation Act is the Automobile Management Act.