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1. The Defendant’s KRW 20,176,480 for the Plaintiff and KRW 5% per annum from December 28, 2016 to January 3, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with A and B Shsaw Car (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract with D and D Musler Vehicle (hereinafter “Defendant Vehicle”).
B. At around 20:00 on October 29, 2016, E driven the Defendant’s vehicle in the first line of the National Highway No. 23 adjacent to the CF at Seosan-si (the two-lane road in which the central separation cost is installed) and led it to the direction of progress and opposite to it.
E entered the opposite direction of the national highways No. 23 in Seosan City, thereby shouldering that 15 minutes of the operation was carried out, and 10 more vehicles were turned out to the second line before the occurrence of the instant accident.
C. G is driving a H Cost Star vehicle (hereinafter “victim”) and proceeding in a secondary lane.
The defendant's vehicle driving in the station was operated rapidly while reporting the vehicle.
I shall drive the plaintiff vehicle and follow the damaged vehicle.
At the same time, the back of the damaged vehicle was concealed.
(hereinafter “instant accident”). D.
The Plaintiff paid insurance proceeds of KRW 40,352,960 in total, including the cost of repairing the Plaintiff’s vehicle and damaged vehicle and the medical expenses for passengers on board the damaged vehicle.
[Ground of recognition] The descriptions and images of Gap evidence Nos. 1 through 15, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s Defendant’s vehicle used the national highway in which the central separation cost was installed, and the damaged vehicle and the Plaintiff’s vehicle are urgently operated to avoid this.
The accident occurred.
The negligence of the defendant vehicle is at least 50%.
B. There is no causal link between the Defendant’s reverse driving and the occurrence of the instant accident due to the occurrence of an accident, when the damaged vehicle driving the Defendant’s second-way line was driven rapidly.
3. At the time of the instant accident, the point at which the instant accident occurred was located was located at night, and the point at which the instant accident occurred is located at a cost to separate the center.