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1. Defendant 1, among the judgment of the court of first instance, falls under the following amount ordering payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the Plaintiff’s vehicle A (hereinafter “Plaintiff”), and the Defendant’s Federation of the National Freight Trucking Services (hereinafter “Defendant Federation”) is a mutual aid business entity who entered into a mutual aid agreement with respect to the Plaintiff’s vehicle B (hereinafter “Defendant 1”), and the Defendant Samsung F&M Marine Insurance Co., Ltd. (hereinafter “Defendant Company”) is an insurer who entered into an automobile insurance contract with respect to the vehicle C (hereinafter “Defendant 2”).
나. D는 2017. 2. 4. 21:20경 피고 1차량을 운전하여 화성시 터넉골로120번길 32 부근 서해안고속도로를 목포 방향에서 서울 방향으로 편도 3차로 도로의 2차로를 따라 주행하다가 3차로로 진로를 변경하던 중, 피고 1차량의 우측 앞부분으로 3차로를 따라 진행하던 피고 2차량의 좌측 뒷부분을 충격하였고(이하 ‘선행사고’라 한다), 이로 인하여 피고 2차량은 좌측 1차로로 튕겨가 그 도로 진행 반대 방향으로 멈췄다.
After that, on February 4, 2017, E driven the Plaintiff’s vehicle and proceeded along one lane at the same location. Since then, Defendant 2 did not avoid Defendant 2’s vehicle (hereinafter “afterward accident”), and the strike caused by this conflict with the F vehicle that was driven in three lanes.
C. By March 27, 2017, the Plaintiff paid the insurance proceeds of KRW 8,418,200 in total with the repair cost of the Plaintiff’s vehicle and F vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1, 3, Eul evidence 1 to 3 (including additional numbers) and the purport of the whole pleadings
2. The parties' assertion
A. The driver of Defendant 1, who claimed by the Plaintiff, tried to change the lane without examining the front side and the right side properly, caused the preceding accident, and the driver of Defendant 2, even if he stopped on the first lane of the expressway, is the same as the third party.