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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with C and D five tons truck (hereinafter “instant truck”) as an insured vehicle, and Defendant B is the owner of the ETractor (hereinafter “instant track”).
B. At around 19:05 on March 11, 2013, Defendant A driven the instant Twitter pursuant to Defendant B’s receipt, and entered it bypassing from the adjacent discussions in front of the Goyangyang-gun's Goyang-gun's Goyangsan, and at the same time, he was driving the instant truck in the direction of the Gwangju Dam in the direction of the Gwangju Dam in order to avoid the instant Twitter (hereinafter "the instant accident"), Defendant A was faced with GM3 car of F drivers by breaking the central line to the direction of the Gwangju Dam (hereinafter "the instant accident"), and due to the instant accident, Defendant A sustained an injury, such as the "Th and tension," which requires approximately two weeks of medical treatment, and H who was boarding the said vehicle, suffered from the injury, such as "an injury, such as an injury, such as an injury, such as an injury, on the part of the bridge," which requires approximately seven weeks of medical treatment.
C. The Plaintiff paid KRW 35,750,540 in total under the name of F and H medical treatment costs incurred from the instant accident and repair costs for the said G car.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 7, and 8, the purport of the whole pleadings
2. The following circumstances, which are acknowledged by adding the overall purport of pleadings to the statements in the facts and evidence as above, Gap evidence No. 9-7 and No. 9, the liability for damages, namely, the sunset time in the Gwangju metropolitan area on March 11, 2013 when the instant accident occurred, which was about 19:05 when 30 minutes have elapsed since the sunset, and the defendant A also stated as follows at the time of investigation into the instant accident as follows: