1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to the C-wing and High-Class III vehicles (hereinafter “Plaintiff vehicle”), and the Defendant is a corporation operating passenger transportation services, etc., which is the owner of D-W bus (hereinafter “Defendant bus”).

B. At around 08:50 on November 9, 2017, E, the driver of the Plaintiff’s vehicle, parked the Plaintiff’s vehicle on the crosswalk in front of the Incheon Seo-gu customary market.

The place was parked on the two-lane road, and the plaintiff's vehicle was parked on the two-lane, but at that time G was driving the two-lane of the above road, and the two-lane of the bicycle was driving on the Cheongra post office room in H.

However, while a bicycle of G driving passes by the Plaintiff’s bicycle riding side as above, it goes beyond the left side of the cover (tent) of the Plaintiff’s carrying box, which was the wind, without fixing the upper right side of the bicycle of G driving. At that time, G driving reverses the right side side of G driving with the rear wheels of Defendant bus driving one-lane among the above roads.

(hereinafter “instant accident”). C.

As a result of the instant accident, G suffered injury that requires approximately five weeks of medical treatment, such as damage to the surrounding land and power lines, heat, etc. of the following superior advantage to G. D.

The Plaintiff paid insurance proceeds of KRW 49,286,880 in total from January 22, 2018 to August 22, 2018 with respect to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant accident is at least 90% of the fault ratio of Defendant bus in light of the circumstances surrounding the occurrence, etc., and the Defendant is obligated to pay to the Plaintiff KRW 44,358,192 (= KRW 49,286,880 x 90%) and delay damages therefrom.

B. The Defendant’s instant accident is with the Plaintiff’s vehicle.