1. The plaintiff's appeal is 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 status of the party is an insurer who has entered into an automobile insurance contract with respect to a vehicle A (hereinafter “Plaintiff”), and the Defendant is a mutual aid entrepreneur who has entered into a mutual aid agreement with respect to the vehicle B (hereinafter “Defendant”).

나. 이 사건 사고의 발생 원고 차량은 2016. 12. 27. 07:03경 의정부시 의정로 41 정부도서관 앞 교차로 편도 4차로의 2차로를 진행하던 중 횡단보도를 무단횡단하던 망 C(이하 ‘망인’이라 한다)을 원고 차량 앞부분으로 충격하여 그 충격으로 망인이 1차로 쪽으로 튕겨 나가 쓰러졌고(이하 ‘1차 사고’라 한다), 원고 차량 뒤에서 진행하던 피고 차량이 1차로에 쓰러져 있는 망인을 발견하지 못하고 조수석 앞바퀴 부분으로 망인의 우측 엉덩이 부분을 충격하였다(이하 ‘2차 사고’라 한다). 망인은 병원으로 이송하던 중 사망하였다.

C. On February 6, 2017, the Plaintiff paid KRW 55,703,870 as insurance money on April 21, 2017, and KRW 55,703,870 as the sum of the amount agreed upon by the Deceased, on April 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1 (including branch numbers, if any) and the purport of the whole pleadings

2. The parties' assertion

A. Since there is a proximate causal relation between the second accident caused by the Plaintiff’s vehicle and the death of the Deceased, it is reasonable to view that the Defendant vehicle is also responsible for the death of the Deceased, and the internal share ratio of the Plaintiff’s vehicle and the Defendant’s vehicle is 50:50

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 27,851,935 (=55,703,870 x 50%), which is equivalent to the Defendant’s share of the insurance proceeds paid by the Plaintiff, as the amount of indemnity.

B. The reason for the death of the deceased is that the death of the deceased was caused by the converging of the convergs, etc. caused by the first accident that occurred with the Plaintiff’s vehicle while the deceased was in the presence of the deceased, and that the death was caused by the second accident.