2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff is an insurance company that entered into an automobile insurance contract with respect to Ai30 automobiles (hereinafter “Plaintiff’s automobiles”).

The defendant is a company which has entered into a motor vehicle mutual aid contract with respect to B 25 tons of cargo vehicles (hereinafter "the defendant's cargo vehicles").

B. (1) On October 23, 2015, C operated the Defendant Cargo Trucking to 02:42 on 02:0 on 23, 2015, and then proceeded to a two-lane off from the 15th line of the National Highway to the high-interest Eup room. D is directly driving and directly driving the Plaintiff’s vehicle, and D was able to load the left part of the Defendant Cargoing to the front part of the Plaintiff’s trucking to the front part of the Plaintiff’s vehicle (hereinafter “instant accident”).

(2) The instant accident led to the death of Plaintiff 1’s driver D, who was on board the chief lighting.

C. On May 23, 2015, the Plaintiff paid KRW 300,385,950 (automobile injury), E78,023,440 (automobile injury), and KRW 14,380,000 (automobile injury) for self-vehicle damage of the Plaintiff’s automobile.

[Ground for recognition] Each entry of Gap evidence 2 through 6 (including the number of branches; hereinafter the same shall apply) and the purport of the whole pleading

2. The Defendant’s vehicle, which caused the Plaintiff’s claim, was parked on the road or driven slowly to the extent that it could interfere with the operation of other vehicles.

In the occurrence of the instant accident, the negligence of the Defendant Freight is at least 30%.

Of the insurance money paid by the plaintiff, 117,737,199 won is claimed according to the defendant's fault ratio.

3. Determination

A. According to the Guarantee of Automobile Accident Compensation Act, a person who operates an automobile for his/her own sake is liable to compensate for the damages caused by the injury of another person due to the operation of the automobile (main sentence of Article 3). In the event of an injury inflicted by a person who is not a passenger, he/she himself/herself and his/her driver did not neglect to pay attention to the operation of the automobile, and intention or negligence on behalf