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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is an insurer that entered into an automobile insurance contract with respect to D vehicles (hereinafter “Plaintiffs”).
B. On October 1, 2013, at around 19:15, E driving a two-wheeled vehicle F 250cc (hereinafter “Defendant vehicle”) and driving a three-distance road in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, at a speed of about 57 km from the distribution intersection to the direction of Hannam Station, in violation of this, while the left turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn on the opposite direction, the front portion of the Plaintiff vehicle’s right turn turn out of the U.S. vehicle was shocked in front of the Defendant vehicle.
(hereinafter referred to as “instant accident”). C.
In the instant accident, E was hospitalized in G Hospital, and the Plaintiff paid KRW 22,316,50 to the foregoing hospital on February 22, 2016.
On March 28, 2016, E died on March 28, 2016, and Defendant B is the only inheritor, and Defendant C agreed to jointly and severally pay within the limit of 30,000,000 won for the medical expenses incurred during the hospitalization period between E and the above hospital as the partner of E.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 7, Eul evidence 2, 3, and 7, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above recognition of the claim for indemnity, the accident in this case was caused by the negligence of failing to make a left turn, even though the network E was changed to the left turn signal, and thus, it is held liable for damages. As the network E died, Defendant B as the heir of Defendant E, Defendant C is a joint and several surety, as seen earlier, as the joint and several surety of the medical expenses paid by the Plaintiff to the above hospital, so the Plaintiff is entitled to claim compensation against the Defendants pursuant to Article 682 of the Commercial Act.
In this regard, the defendant C does not have any joint and several sureties for the obligation to pay medical expenses.