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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant are all operators operating mutual aid business under Article 64 of the Passenger Transport Service Act.
B. The Plaintiff entered into a mutual aid agreement with Korea Transport Co., Ltd. (hereinafter “Korea Transport”) to compensate for damages in the event that our transport is liable for damages due to an accident caused by the operation of a business taxi owned by Korea (hereinafter “Plaintiff”) with respect to an accident caused by the operation of a new car B (hereinafter “Defendant”) between the new car company (hereinafter “new car”), and the new car company (hereinafter “new car”), with the content that the Defendant would compensate for the damages in the event the new car is liable for damages.
C. On November 24, 2016, at around 16:25, C driven the Plaintiff’s vehicle and proceeded three-lanes from the E-Sukuk-gu, Daegu to the right edge, and the Plaintiff’s vehicle is adjacent to the right edge while changing its course to the right edge. On the same side, the collision with the Defendant’s front offender (hereinafter “first accident”), which was driven by F while driving four-lanes on the same side (hereinafter “first accident”); due to that shock, the Plaintiff’s vehicle intrudes on the sidewalk in the direction of the Daegu Confucian School and crosses the sidewalk to the direction of the Daegu Confucian School, and caused an accident that conflicts with H and I vehicle two vehicles parked at the right edge (hereinafter “second accident”) (hereinafter “the instant accident”).
G Around 05:00 on November 25, 2016 due to the second accident, the Plaintiff died at low blood level. Before December 23, 2016, the Plaintiff paid total of KRW 13,561,060,060, including total of KRW 5,977,030, total of the treatment expenses of G, passenger J on board the Plaintiff’s vehicle, total of KRW 2,206,030, total of the treatment expenses of passenger J on board the Plaintiff vehicle, expenses for repair of H vehicle, etc., and KRW 4,748,00,000, total of KRW 630,561,060.
(e) C dies due to the second accident;