1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

[Claim]

1. The Plaintiff is an insurer who has concluded each automobile insurance contract with respect to the A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded each automobile insurance contract with respect to the B vehicle (hereinafter “Defendant vehicle”).

Around 09:50 on May 7, 2017, the driver of the Plaintiff’s vehicle: (a) while driving in the direction of Seoul at a wooden area, the C-motor vehicle (hereinafter “victim”) prior to the Plaintiff’s vehicle stopped in the front of the damaged vehicle; (b) the Defendant’s vehicle following the Plaintiff’s vehicle left the front part of the damaged vehicle; and (c) the Defendant’s vehicle, following the Plaintiff’s vehicle, left the Plaintiff’s vehicle immediately.

(hereinafter “instant accident.” By July 3, 2017, the Plaintiff paid KRW 8,983,350 in total with medical expenses, etc. for the injury of drivers and their passengers aboard the damaged vehicle (hereinafter “victims”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 1 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff asserted and determined that the damage of the victims caused by the accident of this case was caused by the shock that the plaintiff's vehicle caused by the shock that occurred while towing the plaintiff's vehicle as well as by the shock that occurred by the plaintiff's vehicle when towing the damaged vehicle. Thus, the damage was caused by the joint tort committed by the plaintiff's vehicle and the defendant's driver. However, since the plaintiff, who is the insurer of the plaintiff's vehicle, paid the insurance money and compensates the victims for the damage in whole, the plaintiff asserts that the defendant, who is the insurer of the defendant's vehicle, claimed compensation for the part of the defendant's driver's

In this regard, the defendant is responsible for joint tort since the victims' damages were caused by drillings for the damaged vehicle of the plaintiff vehicle.