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1. The Defendant’s KRW 49,400,072 as well as the Plaintiff’s annual rate from June 30, 2017 to May 3, 2019.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract with C (hereinafter “Plaintiff”) with D (hereinafter “Defendant”), and the Defendant is an insurer who has entered into a comprehensive motor vehicle insurance contract with respect to E truck (hereinafter “Defendant”).
B. On May 13, 2017, at around 19:40 on May 13, 2017, C where the accident occurred, while the road located in the Seoul-gu Seoul-gu is in the influence of alcohol by 0.165% and was driven along two lanes from the direction of the driving direction of the Plaintiff’s vehicle, which was parked on three-lanes (hereinafter “instant road”) in the direction of the driving direction of the Plaintiff’s vehicle while driving along the two-lanes of the two-lanes in the direction of the driving direction of the Plaintiff’s vehicle (hereinafter “the instant accident”), the driver was killed, and the driver was injured by C, who is the driver.
C. From May 31, 2017 to June 29, 2017, the Plaintiff paid 2,856,950 won to C under the pretext of agreement or treatment (the amount of loss for business suspension of KRW 1,356,950 for treatment expenses, future treatment expenses, consolation money, etc.), and 263,779,420 won for the deceased’s bereaved family members (=263,79,420 won for total of KRW 2,856,950 for KRW 260,922,470 for the deceased’s family members).
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6 evidence, Eul's 1 through 5 evidence (if there is a serial number, including each number; hereinafter the same shall apply), the purport of the whole pleadings, or the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion that the instant accident occurred is driving in the state of exploitation.
Since the negligence of the driver of the plaintiff vehicle who neglected the Jeonju City and the negligence of the driver of the defendant vehicle who was illegally parked on the third-lane road of the third-lane road, the defendant, who is the insurer of the defendant vehicle, shall pay damages to the deceased's bereaved family members and C, thereby paying damages to the deceased and C.