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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract for business use with the insured as joint horse company (hereinafter “Plaintiff vehicle”). Defendant A is a driver of DOba, and Defendant B is an operator of a restaurant employed by Defendant A as an employee.
B. On October 12:50 on December 12, 2015, the driver of the Plaintiff’s vehicle is driving along the first lane in front of the F restaurant, which is located in Gangnam-si, and the first lane is set up on the left side of the first lane, but the U.S. road was installed separately on the left side of the U.S. road, but the U.S. road was set up on the safety zone before entering the U.S. road, and the U.S. driver took a U.S. driver’s vehicle without permission, following the U.S. driver’s vehicle following the U.S. driver’s vehicle following the U.S. vehicle., the U.A. driver forced the central line to pass the vehicle to pass the Plaintiff’s vehicle, and the latter part of the U.S. vehicle conflict with the other part of the front part of the Plaintiff’s vehicle and the left side of the Plaintiff’
C. On November 19, 2015, the Plaintiff paid KRW 18,028,00,000 in total as the Plaintiff’s automobile repair cost, etc. with respect to the instant accident, the Plaintiff returned KRW 8,252,790 out of the insurance proceeds from Samsung Fire Marine Insurance Co., Ltd. on June 23, 2016.
On the other hand, at the time of the accident of this case, Defendant A was driving the above Oba for the restaurant business operated by Defendant B.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2 and 3, and the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The Plaintiff’s assertion that the instant accident occurred concurrently between the Plaintiff’s driver and the Defendant’s negligence, the Defendant’s driver, and the instant accident. In light of the developments leading up to the instant accident.