1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A dump truck (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B sump truck (hereinafter “Defendant vehicle”).

B. At around 15:40 on August 20, 2013, C, while driving the Plaintiff’s vehicle and driving the Plaintiff’s permanent residence, C temporarily stopped and started in order to deliver the front tag while driving on the road of the Ework Aggregate in D from the side of the access road to sand red president.

At the time, the driver of the Defendant vehicle F stops the Defendant vehicle on the right side of the Plaintiff vehicle and divided the dialogue with G. However, even though C is required to drive the vehicle by taking account of the front and rear side and the left side, due to the fact that C was negligent in doing so and proceeds to the right side, G and the left side of the Defendant vehicle, and due to this, G died on August 20, 2013 at around 17:30.

(hereinafter referred to as “instant accident”). C.

With respect to the instant accident, the Plaintiff paid KRW 48,159,830 in total as the name of the net G medical expenses and damages.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Gap evidence 6 to 8 (including each number), Eul evidence 2, the purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion is that it was difficult for C to detect the Defendant’s vehicle due to a very high driver’s seat, and the Plaintiff’s vehicle stops only temporarily, and there was no reason for C to stop other vehicles than entering the construction site at the instant accident site. Therefore, it could not be anticipated that C would have a Defendant vehicle on the right side of the Plaintiff’s vehicle at the time of departure. In such a situation, despite the Plaintiff’s duty to stop far away from the Plaintiff’s vehicle, the driver of the Defendant vehicle was negligent by failing to stop on the right side of the Plaintiff’s vehicle immediately, and thereby, the network G is injured between the Plaintiff and the Defendant’s vehicle.