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1. Of the judgment of the court of first instance, KRW 46,576,60 against the Plaintiff and its related thereto, from February 4, 2014 to August 28, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract (hereinafter “instant insurance contract”) with B as the insured and C vehicles owned by B, and is also an insurer entrusted by the Minister of Land, Transport and Maritime Affairs with the authority to provide compensation for damages to the victim within the scope of the liability insurance amount in the case of personnel accidents arising from the operation of automobiles not covered by liability insurance under Article 5(1) of the Guarantee of Automobile Accident Compensation Act under Article 30(1) of the same Act.
The defendant is a child of B.
B. On July 25, 201, at around 19:00, the Defendant driven a FOba (hereinafter “Defendant Oba”), and parked one-lane road in the 105-6-6, Gangseo-gu, Gangseo-gu, Seoul, from the front side of the Gangseo-gu, at the center of the road, in order to overtake the vehicle, the Defendant was driving along the center line to stop on the front side of the road, and the vehicle driven by D, which was waiting for left left at the right edge of the said road (hereinafter “the instant vehicle”), and collision with the part of the driver’s seat fences of the E-vehicles (hereinafter “the instant vehicle”), which was driven by D to turn to the left at the right edge of the said road.
(hereinafter referred to as the “instant accident”). C.
At the time of the instant traffic accident, the instant vehicle was not covered by the automobile insurance (liability insurance).
The Plaintiff determined that the Defendant’s negligence on the occurrence of the instant accident was 60%, and 40% by negligence of the driver D of the instant vehicle, and paid 18,576,660 won to the Defendant for medical expenses within the limit of liability insurance, and 28,576,660 won for the remainder of the damages, under the general terms and conditions of injury under the mutual agreement of the instant insurance contract, for lost profit and consolation money (28,00,000 won + 18,576,660 won + 28,00,000,000 won) by November 28, 2012.
[Ground of recognition] Unsatisfy, A(1) through (3)