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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to the E-Vehicles owned by D (hereinafter “Plaintiffs”). Defendant B Co., Ltd. (hereinafter “B”) is the owner of F Vehicle (hereinafter “Defendant Vehicle”).
B. On March 17, 2019, Defendant C driven the Defendant’s vehicle and driven the front road of H located in the Busan Suwon-gu G on the road (hereinafter “instant accident”), and D, who was on board the Plaintiff’s vehicle at the time of the instant accident, suffered injury for three weeks of medical treatment due to the instant accident.
C. The Plaintiff paid to D insurance proceeds of KRW 3,033,800 in total with medical expenses and the amount agreed.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 7 and the purport of the whole pleadings
2. Determination
A. In light of all the circumstances, such as the situation and situation of the accident that can be acknowledged by the aforementioned evidence, such as the Plaintiff’s vehicle’s judgment as to the cause of the claim appears to have been stopped in the zone where stopping is permitted (which is deemed to be the place where the yellow line is located along the right edge of the road, but is not the place where the crosswalk is located, as alleged by the Defendants, and the manner of stopping, such as stopping at the right edge of the roadway, etc., it is reasonable to deem that the instant accident occurred by the prior negligence of Defendant C.
Therefore, Defendant C is a tort, and Defendant B is liable to compensate for damages caused by the injury caused by the instant accident as a motor vehicle owner. Thus, the Defendants jointly paid the Plaintiff the insurance amount of KRW 3,03,800 to the Plaintiff at KRW 2,116,90,000 to the person who was partly repaid by the Plaintiff and the J Co., Ltd. that shared the Defendant vehicle liability insurance amount of KRW 2,116,90 = I Co., Ltd. 1,20,000.