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1. The Defendant’s KRW 375,730 as well as the Plaintiff’s annual rate of KRW 15% from February 22, 2019 to May 31, 2019.
Reasons
1. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with C Freight Vehicles (hereinafter “Plaintiff”), and the Defendant is a driver of D Passenger Vehicles (hereinafter “Defendant Vehicle”).
Around 10:03 on October 11, 2018, the Defendant driven the Defendant’s vehicle, and was bypassing to the red signal to the direction-setting at the high-speed intersection of 240 Go-ro, Gangdong-gu, Seoul Metropolitan Government, followed the part behind the Plaintiff’s right side of the E driver’s vehicle proceeding to the green signal to the direction-setting green signal (hereinafter “instant accident”), and the field map at the time of the accident is as shown in attached Form 2 on-site map.
As a result of the instant accident, the Defendant sustained injuries from the crypon’s base, tensions, and tensions, and the Plaintiff paid KRW 375,730,00 as the Defendant’s hospital treatment expenses from October 27, 2018 to January 21, 2019.
【Ground of recognition】 The fact that there has been no dispute, each entry or video, or whole pleading of Gap's 1 through 10 (including virtual numbers)
2. Determination of the parties' arguments
A. The plaintiff asserted that the accident of this case occurred by disregarding the direction-finding signals and bypassing to the intersection even though the plaintiff's vehicle was in direct progress after passing through the intersection in accordance with the new code. Since the accident of this case occurred by the defendant's total negligence, the defendant asserts that he has the obligation to return advance payment paid in the name of medical expenses to the plaintiff.
In this regard, the defendant should have been driven by the defendant's vehicle that proceeds directly from the crossing, but the defendant breached such duty of care. The accident in this case argues that the defendant's breach of duty of safe driving and the driver's breach of duty of safe driving are concurrent, and therefore, the plaintiff is responsible for the payment of mutual aid money under the mutual aid agreement.
(b).