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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with the BM520 V car owned by A (hereinafter “instant vehicle”). The Defendant is a business entity who carries out the central separation of vehicle at the location of the traffic accident as described below, and C is an employee of the Defendant.
B. A, while driving the instant vehicle under the influence of alcohol at around 07:00 on December 8, 2012, at a rate of 0.098% of the blood alcohol concentration, and driving the instant vehicle at a level of 0.098%, A received C, which was adjacent to the Central Separation Zone, in order to perform a repair work of the Central Separation Zone by negligence in the course of business, while driving the vehicle on the east Sea along the three-lane road in the front side of the Busan Shipping Daegu Do-dong, Busan Metropolitan City, with the three-lane road.
(hereinafter “the instant accident”). Due to the instant accident, C suffered injuries, such as knee in the right-side side knee-knee-knee-knein.
C. The Korea Workers' Compensation and Welfare Service paid KRW 106,494,30 for temporary disability compensation benefits, ② medical care benefits, ③ total of KRW 87,622,843 for lump-sum disability compensation benefits, and KRW 273,912,223 for the Plaintiff, and filed a lawsuit against the Plaintiff for the claim for indemnity amount under the Busan District Court 2015Gahap49739 for the claim for indemnity amount. On August 9, 2017, the above court determined the victim C’s negligence as KRW 20%, and the perpetrator’s negligence as KRW 7:3 for the Plaintiff and the Defendant’s internal share ratio as KRW 118,159,869 for the Plaintiff (the Plaintiff of this case) and the Plaintiff’s annual share from July 1, 2016 to August 5, 2017, the lower court rendered a final judgment that partly repaid the Plaintiff’s annual share from the next day to the date of repayment.
Meanwhile, from February 28, 2013 to January 28, 2016, the Plaintiff spent KRW 17,299,110 as medical expenses, etc., from February 28, 2013 to January 28, 2016, and paid KRW 22,00,000 as agreed money to victims C on January 28, 2016, and on August 31, 2017.