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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with B-owned vehicles (hereinafter “Plaintiff-owned vehicles”), and the Defendant is an insurer who has entered into an automobile insurance contract with C-si owned by the safe taxi operating company (hereinafter “Defendant-owned vehicles”).
B. At around 14:05 on January 24, 2016, the Defendant’s vehicle driven above the center line for overtaking the vehicle in the vicinity of the last head of the Yan-Eup in the two weeks. On the contrary, the vehicle E of D Driving (hereinafter “2 damaged vehicle”) which is proceeding on the opposite vehicle line stopped, and the vehicle G of F Driving (hereinafter “1 damaged vehicle”) proceeding thereafter was also stopped.
However, the plaintiff's vehicle following it saw the 1st driver in front of the first damaged vehicle, and the first damaged vehicle was pushed down due to its shock, and then the 2nd damaged vehicle, which was at the front of the first damaged vehicle, saw the 1st driver into the front part of the first damaged vehicle.
(hereinafter referred to as “instant accident”). C.
At the time of the instant accident, the driver F, the passenger H, and the driver D, the passenger I, the J, and K respectively on the 2nd damaged vehicle, and the said victims suffered injuries, such as rain salt, etc.
As a result of the instant accident, the Plaintiff paid KRW 1,729,820 to F, KRW 1,916,250 to H, KRW 878,290 to D, KRW 89,250 to J, KRW 895,490 to K, and KRW 882,420 to K, respectively, and paid KRW 2,181,50 to the repair cost of the Plaintiff’s vehicle, KRW 3,291,00 to the repair cost of the first damaged vehicle, KRW 2,770,00 to the repair cost of the second damaged vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 14, Eul evidence 1 to 3, and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff 1’s allegation that the instant accident occurred due to the Defendant 1’s collisioning of the central line.
That is, the accident of this case.