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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. The Plaintiff is a comprehensive motor vehicle insurance company for Cmer truck truck truck truck truck truck freight (hereinafter “Plaintiff”), and the Defendant is a comprehensive motor vehicle insurance company for DF truck vehicle (hereinafter “Defendant”).
B. At around 12:55 on March 26, 2018, E, while driving the Defendant’s vehicle and driving it along two-lanes of the national highways No. 39 on the e.g., the two-lanes of the e., the e., the two-lane e., the two-lane e., the two-lane e., the two-lane e., the two-lane e., the two-lane e., the F
(hereinafter referred to as the “lineline”. After the preceding accident, the previous driver G, the wife of the passenger, and the H(G) and E have stopped each of their own vehicles on two lanes, and they talked about the handling of accidents on the two-lanes of the road between the previous vehicle and the place where the Defendant vehicle stops.
C. Since the preceding accident occurred one to two minutes, I driven the Plaintiff’s vehicle after driving it along the two-lanes of the above road, but neglected to drive the Defendant vehicle and received the Defendant vehicle. due to its shock, I received G and H in the two-lanes while pushing the Defendant vehicle in the future.
(hereinafter “instant accident”). G was killed in the instant accident, and H sustained injury. D.
By May 16, 2018, the Plaintiff paid KRW 68,606,760 as insurance money to the bereaved family members, etc. of G (i.e., the agreed amount of KRW 66,700,000 for medical expenses of KRW 1,906,760).
[Grounds for Recognition] Unsatisfy, Gap evidence 1-10, Eul evidence 1-3, and the purport of the whole pleadings
2. Determination
A. The establishment of a joint tort and the share of internal responsibility may conflict with the preceding vehicle and the latter vehicle or people in the vicinity of the vehicle without taking safety measures on the expressway because of an accident, etc. when a towing accident occurred by the following vehicle: the latter vehicle may conflict with the preceding vehicle and the latter vehicle or people in the vicinity of the vehicle without taking safety measures.