1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. Circumstances involving accidents;

A. On December 22, 2015, the driver B of the Defendant insured vehicle, AW halog (hereinafter referred to as “Defendant Whaloged Vehicle”) was found to have been driven by the Defendant insured vehicle Cpool vehicle (hereinafter referred to as “Defendant Wpool vehicle”) prior to the point of 245 km from the Busan located at the seat of the Busan located at the seat of 16:0m in the Hanyang-gun, Chungcheongnam-gun, Busan located at the seat of 245 km in order to rescue the driver who is confined in the Defendant Ppool vehicle, and stopped the vehicle at one 10m prior to the accident point of 10m prior to the accident point of 10m in order to rescue the driver who is confined in the Defendant Ppool vehicle (hereinafter referred to as “the Defendant Cpool vehicle”). The Defendant Cpool vehicle was able to leave the driver of the Defendant Ppool vehicle from the vehicle, and then, the Plaintiff Cpool vehicle and the Defendant Cpool vehicle rein the Defendant D (hereinafter referred to as “Plaintiff”).

(hereinafter referred to as the "accident". (b)

As a result of the instant accident, the Plaintiff sustained the injury of the Plaintiff’s driver E, and the Plaintiff paid KRW 262,320 to the F Hospital for medical expenses of E.

【Reasons for Recognition: Each entry in the Evidence Nos. 1 through 8, and the purport of the whole pleadings】

2. Determination on the ratio of negligence

A. Negligence ratio: (50% of the Plaintiff’s vehicle, Defendant Pool and 50% of the halogen vehicles) the establishment of a joint tort is sufficient if the common intent or common recognition between the joint tortfeasor is not required, and there is an objective common nature related to each act. Therefore, if damage was incurred by the relevant joint act, the liability for damages cannot be exempted, and the liability for joint tort is not individually sought from each tortfeasor’s act, but to pursue the liability for the tort jointly committed by the tortfeasor, and is set off by the court on the part of the victim’s negligence.