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1. As to KRW 9,443,161 among the Plaintiff and KRW 52,686 among them, the Defendant shall pay to the Plaintiff KRW 9,443,165 from December 17, 2015, KRW 9,390,475.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A-to-pubed car (hereinafter “Plaintiff”), and the Defendant is a mutual aid insurer who has concluded a comprehensive automobile mutual aid insurance contract with respect to B-to-pub truck with respect to Korea’s 27 tons of car (hereinafter “Defendant’s vehicle”).
B. At around 04:10 on August 30, 2015, C, while under the influence of alcohol of 0.101%, while driving the Plaintiff’s vehicle, and then driving the Plaintiff’s national highway No. 5 in front of the YY 811-6, Gocheon-dong, Gocheon-dong, at the end of the 3-lanes of the 8,000 square-sections of the 811-6-lane, C, while driving the Defendant’s vehicle, who was parked at the right edge of the road while under the influence of alcohol, sustained injury, such as a conjectioning the need for treatment for about six months between the two-months of the Plaintiff’s vehicle.
(hereinafter referred to as “instant accident”). C.
The road in which the instant accident occurred is a general national highway in the form of a bend six-lane, and at the time of the instant accident, the Defendant’s vehicle did not enter the designated vehicle, but was parked in the shape of a three-lane road with the side of the road, such as the tail lights and the width. There was no particular traffic obstacle or road environmental accident in the location where the instant accident occurred.
By September 9, 2016, the Plaintiff paid KRW 93,904,750 of D’s medical expenses and agreed amount as insurance money, and KRW 526,860 of C’s medical expenses and agreed amount by December 16, 2015.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 23, Eul evidence Nos. 1 through 3 (including the number of each branch), the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that the accident in this case is likely to be parked on the road where the driver of the plaintiff's vehicle neglected his/her duty of care in front of the week under the influence of alcohol and the defendant's vehicle is prohibited.