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 A25 tons of dump trucks (hereinafter referred to as “Plaintiff vehicle”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B b pump trucks (hereinafter “Defendant vehicle”).

B. At around 17:41 on June 18, 2016, C driven the Plaintiff’s vehicle and driven the two-lanes of the two-lane 41-lane road in Changwon-si, Changwon-si, Yangnam-ro 41, the two-lane 2-lane 2-lane 2-lane 2-lane 2-lane 3, one day from the schill distance away from the schill, thereby causing the death of the Plaintiff’s driver’s vehicle due to the fact that he or she followed the vehicle stop signal even though he or she was a vehicle stop signal, and due to the fact that he or she followed it, he or she was the left side from the right side of the crosswalk where he or she was installed with a five wheels quithic to the lower side of the Plaintiff’s driver’s seat.

(hereinafter referred to as "the accident of this case")

By December 22, 2016, the Plaintiff paid insurance proceeds of KRW 310,137,290 in total with medical expenses and agreed money to the deceased’s bereaved family members, etc.

[Reasons for Recognition] Facts without dispute, Gap 1 through 7 evidence (including branch numbers, hereinafter the same shall apply), Eul 2 through 4, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Defendant’s assertion that the Plaintiff’s vehicle was parked illegally in front of the Plaintiff’s crosswalk at the time of the instant accident, which led to the failure of the Plaintiff’s driver to discover the Deceased, or the Plaintiff’s driver was able to take care of recognizing the existence thereof, and thus, the Defendant’s fault ratio in the instant accident constitutes 30%.

Therefore, as the insurer of Defendant vehicle, the Defendant appears to have written the claim of KRW 93,041,187 corresponding to the above ratio of negligence as the amount of indemnity to the Plaintiff, 93,047,187.

(b).