1. The Defendant’s KRW 56,00,000 and the Plaintiff’s annual rate of KRW 5% from July 17, 2018 to January 30, 2020, respectively.

1. Basic facts

A. The Plaintiff is an insurance company that entered into a comprehensive motor vehicle insurance contract with C and D C (hereinafter “Plaintiff vehicle”), and the Defendant is an insurance company that entered into a comprehensive motor vehicle insurance contract with the E truck (hereinafter “Defendant vehicle”).

B. On March 15, 2018, around 00:10, at a point of 194.4 km in the direction of the passage of the highway at the Gansan-gun, Chungcheongnam-gun, Chungcheongnam-do, the Gansan-gun, through the parallel of two lanes, the Plaintiff driven along the two lanes between the two lanes, and the same lane was driving ahead of the same lane, and there was an accident to see the front side of the Defendant vehicle into the front side of the Plaintiff vehicle.

As a result, the damage was caused by the death of the F, who is the seat of the Plaintiff’s vehicle (hereinafter “the deceased”), and the damage was caused by the damage of the 3glue of pine trees loaded on the Defendant’s vehicle.

(hereinafter “instant accident”). C.

On July 16, 2018, the Plaintiff paid KRW 280,000,00 to the bereaved family members of the Deceased in relation to the deceased’s death. On June 15, 2018, the Plaintiff paid KRW 4,650,000 to G as the physical compensation in relation to the damage of pine trees, and then returned KRW 1,00,000,000 to the physical compensation on July 24, 2018.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 and the purport of the whole pleadings

2. The parties' assertion

A. The driver of the Defendant vehicle asserted by the Plaintiff was carrying pine trees of a size exceeding the loading length of the Defendant vehicle without obtaining permission from the chief of the competent police station in accordance with the relevant regulations, and operated the vehicle without attaching a sign for safety measures sufficient to the end of pine trees.

Since the instant accident occurred due to the above negligence of the Defendant’s vehicle, the Defendant is obligated to pay the Plaintiff the amount equivalent to 40% of the contributory portion in the Defendant’s fault out of the insurance money paid by the Plaintiff as compensation

B. The Defendant’s assertion 1 of the instant accident is the Plaintiff’s vehicle that significantly violated the duty of Jeonju as it is operating in the state of taking.