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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (1) The Plaintiff is an insurer who has entered into an automobile insurance contract containing a non-life insurance special agreement with respect to the total three vehicles (hereinafter “non-life insurance special agreement”) including B-owned vehicles, which are the children of A (hereinafter “the deceased”).
(2) The Defendant is an insurer who has concluded an automobile insurance contract, respectively, which contains the limit of liability I for personal damage with respect to C5 tons freight truck (hereinafter “Defendant vehicle”) and the automobile insurance contract with respect to D-owned vehicles, the deceased’s children.
(B) The Defendant vehicle shall be classified into non-insurance lanes in accordance with the insurance terms and conditions of the non-insurance agreement.
(1) On March 19, 2010, E driven the Defendant’s vehicle on March 17:56, 2010, and driven the middle-distance road located in the G located in the G located in the Sinpo City F at Seopopopo City, into the Hannam-ri plane from his own erogate, and the Deceased driven the Otoba without a driver’s license for a motorcycle and driven the vehicle in the same direction following the Defendant vehicle.
(2) In order to pass ahead of the Defendant’s vehicle at a remote intersection, the Deceased was driving the Defendant vehicle to the right side of the vehicle, and he received the right part of the Defendant vehicle from the front part of the above Obane (hereinafter “the instant accident”), thereby causing injury, such as blood transfusion under the margin of trauma, ulverization in the fladal, etc.
C. (1) From October 2010 to February 16, 2012, the Plaintiff paid KRW 144,081,440 in total as the deceased’s treatment expenses, shutdown damage, and consolation money according to the foregoing non-insurance contract from October 2010 to February 16, 2012. The Defendant paid KRW 20,081,440 in total with the liability insurance amount, KRW 30,000,000 on January 29, 2014, and KRW 20,681,90 in total with the share of insurance premium under a non-insurance agreement entered into with the deceased as the insured on March 30, 2012.