1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract for business with respect to C vehicles (hereinafter “Plaintiff vehicles”) by setting the insurance period from January 30, 2004 to January 30, 2005.

B. On December 17, 2004, D (hereinafter referred to as the “Plaintiff’s driver”) driven the Plaintiff’s vehicle and driven the Plaintiff’s vehicle to the right-hand turn from the opposite line to the opposite line in front of the vice 2-dong, Seo-dong, Seo-gu, Busan, Seo-dong, the vice dong, which was the right-hand turn (hereinafter referred to as the “Defendant’s Oba”) operated by Defendant A (hereinafter referred to as the “instant accident”), and due to this accident, E was injured by Defendant’s Oba (hereinafter referred to as the “instant accident”).

C. From April 11, 2005 to January 11, 2006, the Plaintiff paid the total of KRW 21,764,850 to E with medical expenses, etc.

At the time of the accident of this case, the defendant A was a minor without a license, and the defendant B was the mother of the defendant A.

E. The record of the instant accident was destroyed by the preservation period. At the time of the instant accident, only the cause of the accident was stated as “violation of the method of passing through the intersection” by the Busan Franchi Police Station at the time of the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 4, and fact-finding conducted by the court of first instance on the Busan Franchi Police Station, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion occurred due to the Plaintiff’s joint tort and the Defendant A’s fault ratio. As such, Defendant A, a minor, at the time of the instant accident, has a duty to manage and supervise Defendant A, jointly and severally with Defendant A, to pay to the Plaintiff KRW 10,882,425 (= KRW 21,764,850 x 0.5) and damages for delay, which correspond to the Defendant A’s fault ratio, out of the insurance money paid to the Plaintiff to the Plaintiff (=21,764,850 x 0.5).

(b).