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1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with A with respect to the B PoterⅡ (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who entered into a mutual aid agreement with respect to C Kac Truck and D Poter (hereinafter collectively referred to as “Defendant vehicle”).
B. On January 28, 2014, E driven the Plaintiff’s vehicle at around 06:45, followed by driving the Plaintiff’s vehicle, and driving the two-lanes of the two-lanes on the mid-to-west Highway at a point of 97.3km away from the front side of the Gyeong-gun, Sung-gun, Sung-gun, the front side of the Plaintiff’s vehicle at a speed of about 27 km/h in the parallel direction at a speed of about 108km/h (hereinafter “the first accident”), followed the part on which the Plaintiff’s vehicle was parked in the direction of about 84km/h of the front side of the vehicle, and then the part on which the Plaintiff’s vehicle was parked in the direction of about 1 hour at the speed of about 84 km in the front side of the front side of the vehicle.
(hereinafter referred to as “the second accident”) and the first and second accidents together are referred to as “the instant accident.”
In the instant accident, F, the chief passenger of the Plaintiff vehicle, (hereinafter referred to as “the deceased”), died at the site of multiple long-term damage.
The traffic accident report (actual survey report, Gap evidence No. 4) prepared after the occurrence of the accident in this case stated that "the plaintiff's vehicle entered two lanes from the rest area of the mid-to long-distance road in the direction of the opening of the road in the middle-to long-term direction, and the plaintiff's vehicle was negligent in moving the vehicle to the side after moving the vehicle to the side after the accident." The Korean National Science Investigation Institute, which appraised the speed of the plaintiff's vehicle at the time of the accident in this case and the cause of the death of the deceased, stated that the first accident is the car truck to the right side of the road.