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1. The Defendant’s KRW 50,320,937 as well as the Plaintiff’s annual rate from December 28, 2017 to July 17, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to the D vehicle owned by C (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to the E 5t shortened Truck (hereinafter “Defendant”).
B. On October 5, 2016, at around 13:05, C driven the Plaintiff’s vehicle and driven the two lanes among three lanes in front of G Park in G Park, which is located in the city of Jin-si, and tried to change the three lanes, C concealed the left-hand part of the Defendant’s vehicle that was parked in the same direction into the front part of the Plaintiff’s vehicle (hereinafter “instant accident”). The instant accident led to the death of H among the passengers on board and the injury of C, I, and J, respectively.
C. The place where the Defendant’s vehicle was parked is three-lanes, where white lines are located in the instant parking site, and the parking is not prohibited under the Road Traffic Act, but should be parked at the edge of the road, and it does not interfere with the passage of other vehicles. However, the Defendant’s vehicle occupied the entire three-lane vehicular road due to a vehicle width.
By May 14, 2018, the Plaintiff paid C KRW 7,477,010, and KRW 350,165,420, and KRW 25,649,850, and KRW 52,624,00 to J as insurance proceeds of the instant accident.
[Basis] Facts without dispute, Gap's statements or images, Gap's 1 through 7, 10 through 14, 18 through 22, Eul's 1 through 7, and the purport of the whole pleadings
2. Judgment on the parties' arguments
A. The Plaintiff’s assertion as to the fault of the Defendant’s driver is that the driver of the Defendant’s vehicle parked the Defendant’s vehicle on the three-lanes, causing the Plaintiff’s subsequent conjection accident, and the share of the negligence contributed to the instant accident may be deemed to be about 30%. As such, the Defendant paid to C, as well as KRW 7,477,010, and passenger I, J, and H.