1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

Basic Facts

The Plaintiff is an insurer of A2.5 tons of cargo vehicles (hereinafter referred to as “Plaintiff vehicle”).

The defendant is the insurer of the complaint work vehicle B (hereinafter referred to as the "Defendant vehicle"), and the co-defendants of the first instance trial and the Korean Freight Truck Association are the insurer of C25 tons car truck (hereinafter referred to as the "car truck").

In Seoul, the network D, which has been engaged in Cheongbu retail business, requested the network E engaged in personal cargo business to transport the chip.

E On June 29, 2016, driving the Plaintiff’s vehicle, carrying D with the Chief of Cho, and departing from Seoul after loading 854 knife 854 knife purchased by D in the nearest interest area of Chungcheongnam-gun, Chungcheongnam-do.

E around 02:30 on June 30, 2016, at a three-lane point of 280km (Scare-Eup, Scare-si, Scare-si, Scare-si, west-si) in order to stop the back portion of the Defendant’s vehicle driven by F, which was front of the Plaintiff’s vehicle, was shocked.

(1) After the occurrence of the first accident, the Defendant’s vehicle was stopped on the three-lanes and the side of the said expressway, and the Plaintiff’s vehicle was stopped on the three-lanes thereafter. After approximately one minute thereafter, G was driving a car in the vicinity of the said expressway and passed the said vehicle. However, without discovering the Plaintiff’s and the Defendant’s vehicle parked on the front section of the car, the vehicle was shocked on the front part of the Plaintiff’s vehicle without discovering the Plaintiff’s vehicle and shocked the front part of the vehicle. The Plaintiff’s vehicle was parked on the front part of the Defendant’s vehicle (hereinafter “the second accident”). E and D, who was on board the Plaintiff’s vehicle, died on the scene of the accident due to the injury of each of multiple, long-term damage.

The Plaintiff paid KRW 107,497,030 to the bereaved family members of the network D on February 6, 2017, thereby being exempted from all liability, including damage liability to the joint tortfeasor.

Meanwhile, on May 19, 2017, G is the case’s secondary negligence where “the duty to accurately manipulate the front-time duty, steering gear, etc.” was neglected.