1. Of the judgment of the first instance, the part concerning Defendant C and E shall be modified as follows.

Defendant E is jointly with Defendant D.

Basic Facts

The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with Nonparty F, which includes a non-life-free special agreement with respect to G vehicles, and Defendant D is the driver of H-wheeled Automobile (hereinafter referred to as “accidentd Vehicle”), Defendant C is the owner of the accident vehicle, and Defendant E is the person who employs Defendant D while operating the delivery agency.

On February 18, 2016, Defendant D driving an accident vehicle on February 18, 2016, and passing the J restaurant located in Busan Metropolitan City I from the middle distance to the K Hospital, and shocked Nonparty D (hereinafter referred to as “victim”) who is crossing the right from the left side of the proceeding direction to the front part of the accident vehicle.

(hereinafter “the instant accident”). The instant accident suffered injury that requires approximately 12 weeks’ medical treatment, such as the closure of the frame, etc.

The non-party M Co., Ltd. paid insurance money to the victim 92,138,790 won of insurance money to the victim for the damage suffered by the victim due to the instant accident in accordance with each non-insurance special agreement concluded with the victim with respect to the two vehicles owned by the victim. The plaintiff paid 30,712,930 won to M Co., Ltd. until May 31, 2017 and refunded KRW 5,572,930 on November 29, 2017, and the plaintiff bears 25,140,000 won.

M A. From October 13, 2017 to February 22, 2018, M Co. paid KRW 2,805,140 for the victim’s medical expenses. The Plaintiff paid KRW 935,040 to M Co., Ltd. on May 25, 2018 (= KRW 2,805,140 + 1/3).

[Based on recognition] The plaintiff's assertion as to the absence of dispute and Gap's evidence Nos. 1 through 14 (including a provisional number; hereinafter the same shall apply) and the existence of liability for damages as a whole of the pleadings is based on the fact that the plaintiff was transferred from the victim the claim for damages arising from the accident in this case or based on the legal principles of subrogation by insurance under Article 682 of the Commercial Act.