1. Of the judgment of the court of first instance, the following payments are ordered against Defendant Samsung Fire Marine Insurance Co., Ltd.

1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the claim against Defendant insurance company

A. (1) The judgment on the cause of the claim (1) the Defendant’s vehicle should have been driven at the seat of Daejeon at the end of the quarter with the connection point of the Young-dong Highway Act and the end of the quarter. The instant accident occurred due to the collision between the Plaintiff’s vehicle and the Defendant’s driver’s negligence (e.g., securing the safety distance, failure in front of the road), and the vehicle driver’s negligence. It is reasonable to deem that the instant accident occurred by the concurrence between the Plaintiff’s vehicle driver’s negligence (e.g., securing the safety distance, failure in front of the road, etc.) and the vehicle driver’s negligence.

(2) The Plaintiff, the insurer of the Plaintiff’s vehicle, and the Defendant insurance company, the insurer of the Defendant vehicle, are liable for joint tort liability for the damages incurred by the instant accident. Since the Plaintiff paid the insurance money to the victims of the instant accident as seen above, the Defendant insurance company is obligated to pay the Plaintiff the indemnity amount according to the percentage of fault of the Defendant vehicle.

(3) In full view of the developments leading up to the instant accident, the details and degree of the negligence of the Plaintiff’s driver and the Defendant’s driver, the result of the instant accident, and other arguments, it is reasonable to determine the percentage of the negligence of the Plaintiff’s driver and the Defendant’s driver in relation to the instant accident as 70:30.

(4) Therefore, barring any special circumstance, Defendant insurance company shall pay the Plaintiff the amount of KRW 70,00,000 calculated by subtracting the amount of KRW 1,030,292,883 from the amount of the above-paid insurance proceeds, 309,087,864, i.e., Defendant vehicle’s negligence, i.,030,292,883, 292.