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1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into an automobile insurance contract with C on the D automobiles owned by it (hereinafter “Plaintiff”) and the Defendant is a mutual aid business entity who entered into a mutual aid agreement with C on the E buses (hereinafter “Defendant”).
B. At the time of 16:40 on July 10, 2017, the driver of the Defendant vehicle was driving the H, which is the front road of G oil station located in F in the Glust City of luminous at the time of luminous length, along the 3-lane radius from the Glust City of Glust in the Glust City of Glust.
C. At this time, C driving the Plaintiff’s vehicle along two lanes on the rear side of the Defendant vehicle and driving the Defendant vehicle along two lanes, and driving the vehicle in parallel with the rear side of the Defendant vehicle to move further in the future, and, on the left side side of the Defendant vehicle, at the right side of the front side of the Defendant vehicle, the high water on the surface of the road is left to the front glass of the Plaintiff vehicle, and the left side of the Defendant vehicle was shocked (hereinafter “instant accident”).
As a result of the instant accident, the Plaintiff paid C KRW 3,185,000 for the repair cost of the Plaintiff’s vehicle in accordance with the said automobile insurance contract.
[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, each entry of Eul 1 and 2 evidence, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The plaintiff's assertion that the accident of this case occurred by negligence of 100% of the driver of the defendant vehicle. Thus, the defendant is obligated to pay the plaintiff the amount of money subrogated to the plaintiff with insurance money and its delay damages.
B. In other words, Article 19 (2) 1 (a) of the Enforcement Rule of the Road Traffic Act provides that the surface of a sucked road shall be operated at a speed that reduces 20/100 of the maximum speed if the surface is milch.