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1. The Defendants jointly committed against the Plaintiff KRW 41,594,90 and the same year as from May 20, 2017.
5. up to 31.
Reasons
1. Facts of recognition;
A. On January 2, 2017, Defendant B, without obtaining a driver’s license, driven a freight vehicle of CY 1 ton (hereinafter “instant freight vehicle”) and brought about death by shocking, as indicated in the separate sheet, the E, where Defendant B, while driving a road located in Jeju Island from the west to the string of the string to the string, due to the failure to perform the duty of the string, due to the failure to perform the duty of the string of the road.
(hereinafter “instant traffic accident”). B.
The Plaintiff paid KRW 191,594,000 in total to the deceased’s heir for medical treatment and agreement in relation to the damages incurred by the deceased and their family members (hereinafter “victims”) due to the instant traffic accident according to the Non-life insurance agreement entered into with the deceased E’s children F.
On the other hand, the Plaintiff received KRW 150,000,000 as the liability insurance money from the Korea Cargo Insurance Co., Ltd., the insurer of the automobile insurance contract concluded under the name of the owner A with respect to the instant truck.
[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 6, Eul's evidence 1-19, the purport of whole pleading
2. Occurrence of liability for the payment of indemnity;
A. According to the facts of recognition as above, Defendant A, the owner of the instant cargo vehicle, is liable for the damages suffered by the victims of the instant traffic accident as an operator under Article 3 of the Guarantee of Automobile Accident Compensation Act (hereinafter “The Automobile Accident Compensation Act”), barring special circumstances, and Defendant B, the driver of the instant vehicle, also is liable for the said damages as an operator under the Automobile Accident Compensation Act (see, e.g., Supreme Court Decision 2006Do1488, Apr. 1, 2006). Thus, Defendant B, the owner of the instant cargo vehicle, is liable for the damages
B. Defendant A’s assertion on the assertion by Defendant A is examined.