1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to the automobile D (hereinafter “Defendant”).

B. On May 23, 2017, around 11:31, the Plaintiff’s vehicle loaded the cargo at the F Factory E located in Haan-gun, Hanam-gun, and passed through the fixed door of the above factory and went through the G complex bypassing to the direction of the G complex, the Plaintiff’s vehicle cut off the communications line and the excess installed in the air of the above factory, which was caused by the Plaintiff’s vehicle’s cargo. The Plaintiff’s vehicle led to the string of roadside trees and the road, which was planted by the passage of the road.

(hereinafter referred to as “accident”. Around 11:37 on the same day after about six minutes, the Defendant’s vehicle, while proceeding in the vicinity of the F factory in G complex, had the Defendant left the front part of the Defendant’s vehicle, and had H (hereinafter referred to as “victim”) suffer from an injury to the victim’s left part by putting the bridge of the Defendant’s vehicle, which was in his/her fishing report, cut off the victim’s left part of the vessel.

(hereinafter “instant accident”). C.

From August 22, 2017 to October 19, 2018, the Plaintiff paid KRW 122,196,150 to the victim with medical expenses, agreed amount, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 10 evidence, Eul evidence 1 to 5 (including each number in case of additional evidence) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s driver of the Defendant’s vehicle who claimed that the instant accident occurred at the point where the instant accident occurred, and even though he was aware of the fact that the instant accident occurred and that the instant accident was located far away from the right side of the road due to the preceding accident, he/she intends to avoid it by reducing the speed of the Defendant’s vehicle or by operating the vehicle with a sufficient space on the right side of the road.