Text
1. The Defendants jointly share KRW 41,042,310 with respect to the Plaintiff, and the period from September 20, 2019 to November 29, 2019.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to the D Track Vehicles (hereinafter “Plaintiff”), and the Defendant C is the owner of the E Traca (hereinafter “Defendant Vehicle”).
B. On October 9, 2018, Defendant B: (a) driven the Defendant’s vehicle while driving the Defendant’s vehicle at the back seat of the Defendant’s lower seat; (b) coming to the left and left at the public parking lot located in Chungcheong-gun, 70-8 located in the west-gu, Chungcheongnam-do; and (c) entered the roads immediately adjacent to the said public parking lot, which are going to the right and left to the left, and the said road was in conflict with the Plaintiff’s vehicle that was going to the right and left to the reservoir from the side of the remote mountain (hereinafter “instant accident”). The instant accident involving the collision between the front part of the driving seat of the Plaintiff’s vehicle and the left-hand side of the Defendant’s vehicle at the time of the instant accident.
F has suffered injury, such as anti-fluoral flabing on the left-hand side.
(c)
With respect to the instant accident, from November 1, 2018 to September 19, 2019, the Plaintiff paid F the insurance proceeds of KRW 187,203,310 in total with medical expenses and the amount agreed. The Plaintiff returned KRW 90,00,000 from G, the insurer of the Defendant vehicle, to September 1, 201.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. Determination
A. According to the facts established prior to the occurrence and scope of liability for damages, Defendant B, the driver of the Defendant vehicle, had a duty of care to verify whether the vehicle was safe after the completion of a stop on the road from the public parking lot. However, there was a negligence between the Plaintiff’s driver and the Plaintiff’s driver, even though he had a duty of care to observe the road at the public parking lot, despite the existence and absence of the vehicle entering the road from the public parking lot, and that there was an excessive negligence.
Therefore, the accident in this case occurred due to the joint tort committed by the defendant B, the driver of the defendant vehicle, and the driver of the plaintiff vehicle.