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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurance company that has entered into an automobile comprehensive insurance contract with respect to A rocketing car (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity that entered into a mutual aid agreement with respect to B rocketing taxi (hereinafter “Defendant”).
B. C around 02:00 on February 6, 2013, when driving a vehicle on the Defendant side and driving the four lanes along the four-lane air route in Gangseo-gu Seoul Metropolitan Government, into the seat of Kimpo Airport at the mountain basin, the accident occurred (hereinafter “the first accident”) involving the front door door door door door door door door door door door door door door door door door door door door door door door part of the front door door door door door door door door door door door door door part of the vehicle (hereinafter “victim vehicle”). The Defendant vehicle and the damaged vehicle moved to the right side side side of the vehicle immediately after the first accident and stopped. D. The Defendant vehicle and the damaged vehicle moved the two-lane of the said road to the front side of the two-lane road, and moved the two-lane road in the same direction, moving the vehicle into the right side side of the said vehicle, and then, the damaged vehicle and the damaged vehicle back to the left side side of the vehicle after the first accident (hereinafter “the damaged vehicle”).
The plaintiff paid 16,686,570 won in total to the victims of agreements and medical treatment.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 (including each number), the purport of the whole pleadings
2. The first accident by the Defendant’s vehicle and the second accident by the Plaintiff’s vehicle constitute joint tort in relation to the victims. As such, the Defendant is the part of the Defendant, among the money already paid by the Plaintiff.