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1. The Defendant’s KRW 11,009,140 as well as the Plaintiff’s annual rate from October 23, 2014 to January 15, 2016, and the following.
Reasons
1. Occurrence of the right to indemnity;
A. The facts of recognition 1) A entered into a motor vehicle insurance contract with the Defendant (hereinafter “Defendant vehicle”) around 06:40 on February 22, 2014 (07:14 on sunrise) on February 22, 2014
(C) A D vehicle driven before the Defendant (hereinafter referred to as “victim”) while driving his/her vehicle while driving his/her vehicle and driving his/her private distance in the vicinity of the Arasan Station in Gwangjin-gu Seoul Special Metropolitan City.
(i)an accident prone to Defendant vehicle driver (hereinafter referred to as “pre-driving accident”)
2) After the occurrence of the preceding accident, E was negligent in driving the F vehicle that entered into an automobile insurance contract with the Plaintiff (hereinafter “Plaintiff vehicle”) and neglecting the duty to drive while driving the vehicle in the same place as that set forth in the preceding paragraph, and caused death while being treated by C, who was under the treatment of the victim vehicle and the Defendant vehicle, who was in the process of the preceding accident, due to the negligence of taking the backer of the Defendant vehicle by driving the vehicle in front of the Plaintiff vehicle and the Defendant, while driving the vehicle in the same place as that set forth in the preceding paragraph.
(3) As an insurer who entered into an automobile insurance contract with the Plaintiff, the Plaintiff paid KRW 1,485,060 to G Hospital, KRW 339,260 to the National University Hospital, KRW 200,000, and KRW 21,400 to H, the bereaved family members of C, respectively, with the amount agreed upon. On October 22, 2014, the Plaintiff paid KRW 53 million to C as the insurance money for consolation money. [In the absence of any dispute, evidence No. 1 to 4, evidence No. 1 to 13, evidence No. 1 to 13, evidence No. 1 to 19, respectively, and the purport of the entire pleadings.]
B. Article 37 of the Road Traffic Act provides that "the driver of any motor vehicle shall use its headlights, sidelightss, tail lights, tail lights and other lights in any of the following cases, as prescribed by Presidential Decree" and subparagraph 1 of the Road Traffic Act provides that "from the night to the sunrise, the driver of any motor vehicle shall use them: