Mez Fire Marine Insurance Co., Ltd. (Attorney Jeong-tae, Counsel for the plaintiff-appellant)

Defendant (Law Firm No. Mission, Attorneys Yellow-min et al., Counsel for defendant-appellant)

April 10, 2007

1. The plaintiff's claim is dismissed.

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

The defendant shall pay to the plaintiff 80 million won with 5% interest per annum from June 13, 2003 to the service date of a copy of the complaint of this case, and 20% interest per annum from the next day to the day of full payment.

1. Basic facts

On October 23, 2002, the deceased non-party 1 was under the influence of alcohol at 0.21% (vehicle number omitted; hereinafter referred to as "one vehicle") and was under the influence of alcohol on October 23, 2002, the deceased non-party 1 was under the influence of 0.21% and was under the influence of 0.21% of alcohol on his own (the "vehicle number omitted; hereinafter referred to as "one vehicle") and was under the right of frighting at the right of frighting from the front of the Sinan City in the Yananan City, the driver of the non-party 2's vehicle (the driver's number 1 omitted; hereinafter referred to as "the non-party 2 vehicle") with the driver's (the non-party 1's number 1's number 2' is under the influence of the accident after the collision between the non-party 1 and the non-party 2's vehicle's number 1'2.

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion

The accident of this case is caused by the negligence of the two vehicle driver and the defendant (violation of duty of safe driving). Accordingly, the defendant and the driver of the two vehicles are liable for damages for the accident of this case as joint tortfeasor, and the plaintiff paid 80 million won to the deceased non-party 1's bereaved family members under Article 26 (1) of the Guarantee of Automobile Accident Compensation Act on behalf of the Government on June 13, 2003. Thus, the defendant is liable to pay the above compensation amount to the plaintiff 80 million won and damages for delay after the payment date of compensation.

B. Determination

First, as to whether the deceased non-party 1 died due to the defendant's negligence, it is difficult to determine whether the four vehicles of the deceased non-party 1 were living at the time of the collision with the deceased non-party 1 as a result of the autopsy test conducted by the National Scientific Investigation Agency of Korea. Thus, unless it is recognized that the deceased non-party 1 was alive at the time of the above collision, a proximate causal relation between the collision with the deceased non-party 1 cannot be said to exist between the collision with the defendant and the death of the deceased non-party 1.

If so, the plaintiff's assertion is without merit.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

Judges Kim Jin-ray