1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with A on the BK5 Car owned by it (hereinafter “Plaintiff”), and the Defendant is an individual taxi mutual aid business operator who has entered into a car mutual aid contract with C on the DSS5 individual taxi owned by C (hereinafter “Defendant”).

나. A은 2016. 9. 30. 20:10경 원고차량을 운전하여 전주시 덕진구 E에 있는 F식당 앞 사거리를 구 아중역 방면에서 전주고 방면으로 위 도로 4차로 중 1차로를 시속 40km의 속도로 진행하고 있었는데, 술에 취하여 전방 주시를 태만히 한 과실로 원고차량의 진행방향 우측에서 좌측으로 도로를 횡단하는 보행자 G을 미처 발견하지 못하고 원고차량의 앞 부분으로 충격하여 약 14m 튕겨 나가 위 도로의 1차로와 2차로 사이에 전도하게 하였다

(c) At the time, C driven the Defendant’s vehicle and proceeded at a speed of 40 to 50km per hour in the same direction as the Plaintiff’s vehicle. However, after the first accident, C used on the said road and proceeded to the said vehicle (hereinafter “the second accident”).

G was killed due to the long-term damage to diversity during the transmission to the North Korean University Hospital after the instant accident.

E. On October 26, 2016, the Plaintiff agreed to the heir of G (hereinafter “the deceased”) and the amount of damages arising from the instant accident at KRW 102,00,000, and paid the said amount to the heir.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant vehicle is responsible for the death of the deceased in the second accident, and the driver of the defendant vehicle is jointly liable for the death of the deceased with the driver of the plaintiff vehicle, and the negligence ratio between the defendant vehicle and the driver of the plaintiff vehicle.