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1. The Defendant is 5% per annum from January 22, 2016 to August 10, 2016 and from the next day.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded a comprehensive insurance contract for business cars with respect to B 15 passenger cars and vans (hereinafter “Plaintiff vehicle”) as the insured, and the Defendant is a mutual-aid entrepreneur who has concluded a mutual-aid contract for C business-use taxi (hereinafter “Defendant taxi”).
B. On December 3, 2014, at around 06:57, A, while driving the Plaintiff’s vehicle and making a left-hand turn at the E-type T-type Intersection located in Daejeon Jung-gu, Daejeon, caused an accident in which the front part of the Plaintiff’s vehicle was moved back to the left-hand side of the Plaintiff’s vehicle (hereinafter “instant accident”).
C. At the time of the instant accident, Defendant taxi was parked on the crosswalk immediately after the Plaintiff’s vehicle entered the said intersection based on the direction of the Plaintiff’s vehicle driving.
In the instant accident, G, who is a driver of Oral Baba, was injured in the 4th century, such as W, G, the driver of Oral Baba, the Damba bones, and the left-hand gake, etc., and the Plaintiff paid KRW 126,51,770 (i.e., medical expenses KRW 93,051,770) until January 21, 2016 (=33,500,000).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 12 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that the instant accident occurred due to the illegal parking on the crosswalk near the instant accident, and the Defendant taxi did not turn to the left at a large radius, and the negligence committed by the central line and the negligence by A, who is the driver of the Plaintiff vehicle, failed to properly perform the duty of safe driving. The negligence by the Plaintiff vehicle is 70%, and the negligence by Defendant taxi is 30%.
Therefore, as a claim for reimbursement against the joint tortfeasor, 37,965,530 won and damages for delay amounting to 30% of the defendant's liability is claimed.
B. Defendant’s assertion