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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
Defendant.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with F and G vehicles (hereinafter “Plaintiff vehicle”). Defendant E Federation (hereinafter “Defendant Association”) is a mutual aid business entity who entered into an automobile mutual aid agreement with H truck (hereinafter “Defendant truck”).
B. On July 11, 2016, the co-defendant C of the first instance trial, driving a vehicle owned by Defendant D Co., Ltd. (hereinafter “Defendant D”) (hereinafter “Defendant D”), and driving a three-lane of the five-lanes in front of the JJ in Incheon, Seo-gu, Seo-gu, Seo-gu, Incheon, driving a five-lane of the five-lanes in the direction of Cheongra, which led to the Plaintiff’s failure to drive the vehicle in front of the front direction (attached Form 52).
Plaintiff
In order to avoid collisions with high-priced guard installed on the front side while the vehicle was pushed down with the margin, the defendant truck (attached Form 13) parked on the right side while avoiding the collision with the high-priced guard installed on the front side.
(hereinafter “instant accident”). The map of the instant accident site is as shown in the attached Form.
C. Due to the instant accident, the driver F of the Plaintiff’s vehicle suffered from the injury of the open frame between 16 weeks or more, such as the open frame at the bottom of the light frame accompanied by the 16th non-alleys that require the treatment. The passenger M suffered from the injury of the open frame between 16 weeks or more.
The Plaintiff paid F with the total of KRW 167,625,520 for medical expenses and the agreed amount, and the total of KRW 137,872,990 for the injury insurance and the agreed amount to M.
Since then, the Plaintiff received KRW 143,00,000 from N Co., Ltd., the insurer of the Defendant’s automobile.
【Reasons for Recognition】 Records of Evidence Nos. 1, 5 through 13, 15 through 18, and the purport of the whole pleadings
2. The place where the plaintiff's assertion truck parked is the place where the plaintiff's assertion truck is parked is the edge of the intersection and the crosswalk where the L/O crosses and the crosswalks are installed.
The instant accident is the co-defendant C of the first instance trial.