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1. The part against the defendant among the judgment of the first instance is revoked and the plaintiff's claim corresponding to the revoked part is dismissed.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with A as to BM520 (hereinafter “Plaintiff”) owned by the Plaintiff, and the Defendant is an insurer who entered into a liability insurance contract with respect to C Freight (hereinafter “Defendant”).
B. Around 18:40 on October 31, 2013, the Defendant’s vehicle stopped due to a breakdown while driving a two-lane road in front of the oil station located in the E-gun D (hereinafter “instant road”) from the assigned group to the Seocheon-gun’s discharge area.
In this way, F, which followed the behind of the defendant vehicle, started to stop after the defendant vehicle.
However, in the same lane, H driver's I, which followed the above Bosch Rexroth, did not detect and avoid the above Bosch Rexroth which had been stopped, and did not stop, and the above Bosch Rexroth's left side and the part of the air freight was charged to the right edge of the vehicle and the above part was charged on the one-lane of the road.
(c) On October 31, 2013, while the Plaintiff’s vehicle was in the front and rear of the said car, the Plaintiff changed the direction of the said two-lane to a single-lane in order to avoid this, but at the same time, the Plaintiff’s vehicle shocked the ice truck that had already been driven by the said shock (hereinafter “the second preceding accident”). On the said shock, the F and the J, who had been going to the said place while carrying the ice truck in the future, faced with the said ice truck. The accident occurred.
(hereinafter referred to as the “instant accident”). At night or on the day, the night or weather level dried up. D.
In the instant accident, F suffered various injuries, such as duplicating duplicities, which include approximately 6 weeks of treatment, such as duplicating duplicating duptures, which need to be treated for approximately 6 weeks of treatment.
On March 4, 2016, the Plaintiff, in accordance with the aforementioned comprehensive automobile insurance contract, spent the F as medical expenses of KRW 19,053,100, and the J.