1. The defendant's appeal is dismissed.

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

3. The parties indicated in the judgment of the court of first instance are indicated.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to CM3 vehicles (hereinafter “Plaintiffs”). The Defendant is a person who has maintained EMW5 vehicles in Osan City D (hereinafter “Defendant vehicles”). The Defendant is a person who operates F in the automobile maintenance business.

B. Around 11:00 on June 15, 2017, the driver of the Plaintiff vehicle, who was going back from the back road of the G in Yongsan-si G, Osan-si, had a collision between the Defendant’s employees behind the Defendant’s H driver’s vehicle and the Defendant’s rear part of the Plaintiff vehicle, who was going back from the back road to the back road in order to complete a mathing and drive the test.

(hereinafter referred to as “instant accident”). C.

On June 23, 2017, the Plaintiff paid KRW 920,000 as repair cost to I, the owner of the Defendant vehicle, due to the instant accident.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, 4, Eul evidence 1, Gap evidence 2 and 5, Gap evidence 2 and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The main point of the party's assertion (i) The driver of the Defendant Vehicle was negligent in the occurrence of the instant accident and the expansion of damage, and thus, the driver of the Defendant Vehicle was also negligent in the occurrence of the instant accident and the driver of the Defendant Vehicle.

Therefore, in the occurrence of the instant accident, the driver of the Plaintiff and the driver of the Defendant Vehicle constitute a joint tortfeasor, and the fault ratio of the driver of the Defendant Vehicle constitutes 50%. The Plaintiff paid 920,000 won to the I who is the owner of the Defendant Vehicle, and acquired the I’s claim for damages against the Defendant Vehicle driver by subrogation under Article 682 of the Commercial Act.

Therefore, the Defendant, who is the employer of the Defendant’s driver, is obligated to pay to the Plaintiff the indemnity amount of KRW 460,000 (=920,000 x 0.5) and damages for delay.

B. H, who is an employee of the Defendant, is different from the Defendant.