The defendant shall pay to the plaintiff KRW 40,963,564 as well as 5% per annum from June 20, 2019 to August 12, 2020 and the next day.

1. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement that compensates for damage caused by an accident that occurred in the course of operation of the Plaintiff’s D cab (hereinafter “Plaintiff’s vehicle”), and the Defendant is the operator of the E Otoba (hereinafter “Defendant’s vehicle”).

나. 1) 피고는 2016. 1. 20. 15:33경 E 피고 차량을 운전하여 울산 동구 F에 있는 G 앞 편도 2차선 도로를 2차로를 따라 방어진삼거리 방면에서 북진사거리 방면으로 진행하였는데, 당시 그곳은 제한속도가 시속 60km로서 차량 진행 신호등에 황색 신호가 들어와 있었고, 전방에는 C 운전의 원고 차량이 진행하고 있었다. 2) 피고는 황색 등화 신호가 들어와 있음에도 속도를 줄이지 않고 시속 약 87km 의 속도로 과속하다가 때마침 우회전하려는 원고 차량을 피고 차량 앞 부분으로 충격하고 앞으로 튕겨 나가면서 횡단보도 앞에서 보행자 신호를 기다리고 있던 H을 피고 차량으로 충격하였다

(hereinafter referred to as “instant accident”). C.

As a result of this accident, H suffered bodily injury, etc. on both sides of the runways, etc., and filed a lawsuit seeking damages against the Plaintiff and the Defendant Company I, an insurance company, etc., as the Ulsan District Court 2016Kadan5905. On May 1, 2019, the court rendered a judgment that “the Plaintiff would pay H 92,670,896 won and its delayed damages,” and the said judgment became final and conclusive around that time.

During the period from March 4, 2016 to June 29, 2018, the Plaintiff spent KRW 47,683,770 as the medical expenses of H arising from the instant accident, and KRW 113,90,740 as the agreed amount on May 21, 2019, and KRW 3,324,40 as the litigation expenses until June 19, 2019 (= KRW 164,908,910 as the total of KRW 164,90 as the litigation expenses (= KRW 47,683,770 as the KRW 113,90,740, KRW 324,40 as the agreed amount).

[Ground for Recognition: Facts without dispute, Gap 1 through 5 evidence, each entry of Eul 1 evidence (including each number), the purport of the whole pleadings]

2. Each of the Parties’ arguments.