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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. A, around 17:55 on February 5, 2015, driven B vehicles (hereinafter “Plaintiffs”) and driven along the National Highway in Gangnam-gun, Gangnam-gun, Dong-gun, Seoul National Highway, which was an insured vehicle of the Defendant, which was flick with the wind going beyond the central line (hereinafter “Defendant”), died by collision with the front side of the vehicle (hereinafter “Defendant”).
B. The Plaintiff, as an insurer of the Plaintiff’s vehicle, paid KRW 281,806,100 to the deceased’s automobile injury security insurance proceeds according to the insurance contract.
C. Although the instant accident should be operated safely by taking into account the movement of the vehicle driving on the front left of the front line in the operation of the vehicle, the negligence of the driver of the Defendant vehicle driving the vehicle with an excessive speed and the negligence of the deceased were caused by the concurrent operation of the vehicle.
In light of the developments leading up to the occurrence of the instant accident and the degree of violation of the duty of care, the fault ratio of the driver of the Defendant’s vehicle is 30%, and the Defendant is obliged to pay to the Plaintiff KRW 84,541,830 (=281,806,100 x 30%) and damages for delay.
2. Comprehensively taking account of the overall purport of the arguments in the written evidence Nos. 1, 2, and 3-A, A may recognize the fact that, around February 5, 2015, around 17:55, he/she intrudes the Plaintiff’s own central line while driving the Plaintiff’s vehicle under the influence of blood alcohol concentration of 0.191%, while driving the Plaintiff’s vehicle under the influence of blood alcohol concentration of 0.191%.
Generally, a motor vehicle driver who operates a road with a central line along his/her own lane is generally aware that the motor vehicle coming from the center is in line with his/her own lane, and thus, barring any special circumstance that could anticipate the abnormal operation of the other motor vehicle, the other motor vehicle is anticipated to enter the central line and to the right side of the road in advance.