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1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked, and
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into an automobile insurance contract with the E-vehicle owned by D (hereinafter “Plaintiff”) and the Defendant B is the owner of the F vehicle (hereinafter “Defendant”) and the Defendant C is the driver of the Defendant vehicle.
B. On December 2, 2016, around 08:00, at the Sung-dong located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, the Defendant C violated the Defendant’s vehicle under the influence of alcohol and went straight to the left at the intersection while entering the intersection, and was in a collision with the Plaintiff’s vehicle under the new subparagraph (hereinafter “instant accident”), and due to the said accident, G, a passenger of the Plaintiff vehicle, was hospitalized from December 2, 2016 to January 18, 2017.
C. From January 12, 2017 to January 16, 2017, the Plaintiff paid KRW 6,687,590, such as the medical expenses of G and the amount agreed to compensate for damage to G. The Plaintiff received KRW 1,200,000, which is equivalent to the amount of liability insurance on January 31, 2017, from H Co., Ltd. which entered into an automobile insurance contract with the Defendant vehicle.
around March 2017, Defendant C paid KRW 5,000,000 to G as a civil criminal agreement amount due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 11, Eul evidence 1 to 4, and the purport of the whole pleadings
2. Determination
A. According to the above recognition that the accident in this case occurred, it is reasonable to deem that the accident in this case occurred due to the total negligence of the Defendant’s vehicle driving and signalling. As such, Defendant C is the driver of the Defendant vehicle, and Defendant B is jointly liable to compensate for the damage suffered by G due to the accident in this case as the operator who owns the Defendant vehicle.
(b)in principle, on a monthly basis for the calculation of the scope of liability for damages, but less than the last month and less than the cost shall be discarded.