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1. As to the Plaintiff KRW 42,304,284 and KRW 42,00,00 among them, the Defendant shall pay to the Plaintiff KRW 304,284 from September 28, 2016, and KRW 304,284 from among them.
Reasons
1. Basic facts
A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with the insured, etc. to compensate for liability for damages caused by an accident in the course of operation with respect to A-business taxi (hereinafter only referred to as the Plaintiff’s vehicle), and the Defendant is an insurer that entered into an automobile insurance contract with Nonparty B and C (hereinafter referred to as the “Defendant”).
B. On July 2, 2016, the driver D of the Plaintiff’s vehicle found the non-party G (hereinafter only referred to as the “victim”) who opened the front street in Daegu-gu, Daegu-gu along the two-lanes from the border of Newcheon-gu to the East Ne-distance, and opened the front street without permission from the left side of the moving direction to the right side while driving in two-lanes of the three-lanes, and the part of the Plaintiff’s vehicle’s h driver’s driver’s vehicle, who was driving behind the Plaintiff’s vehicle, went beyond the center of the victim’s h driver’s vehicle, who was faced with the h driver’s h driver’s left side of the Plaintiff’s vehicle, was faced with the victim.
(hereinafter referred to as the “instant accident”) and the victim died from two frameworks due to the instant accident.
C. At the time of the instant accident, the Plaintiff paid KRW 760,710 for the victim’s medical expenses to the Korea Lifelong Medical Center at the time of the instant accident. After the victim’s death, the Plaintiff paid KRW 105,000,000 to the heir.
[Reasons for Recognition] Facts without dispute and entry of Gap evidence 1,6,8,9,14 (including paper numbers; hereinafter the same shall apply)
2. The plaintiff alleged,
A. The instant accident occurred due to joint tort committed by the Plaintiff and the Defendant’s subsidiaries, and thus, the Plaintiff and the Defendant, the insurer of the Plaintiff’s vehicle, jointly, shall compensate for the damages to the Nonparty’s inheritors.
B. However, the Plaintiff and the Defendant were jointly exempted by paying the full amount of damages.
C. Therefore, the plaintiff is therefore entitled to Article 682 of the Commercial Act.