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1. The Defendant’s KRW 14,231,860 for the Plaintiff and 5% per annum from April 16, 2016 to July 6, 2018.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to AK7 vehicles (hereinafter “Plaintiff vehicle”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to B-A-Wed Vehicles (hereinafter “Defendant vehicle”).
B. At around 21:22 on January 17, 2016, C (hereinafter referred to as “Defendant vehicle driver”) driven the Defendant vehicle and entered the said Part into the four-lane road of the 7th national road in the E-gas station located in Da at the time of the race, and the limited speed of two-lane roads (hereinafter “instant road”) is not more than 80 kilometers. The two-lanes of the F (hereinafter referred to as “victim”) were not found in the front part of the Defendant vehicle with the front part of the front part of the Defendant vehicle (hereinafter referred to as “instant accident”), while driving the Defendant vehicle into the front part of the Defendant vehicle without discovering the victim and the Defendant vehicle in front of the said accident at the point of the said accident.
(hereinafter referred to as “instant subsequent event”). The victim sent back to the Posidong Hospital, but died at around 22:56 on the same day.
C. On March 16, 2016, the Plaintiff paid KRW 1,159,260 as hospital treatment costs, and KRW 70,000 as agreed money on April 15, 2016, respectively, to the heir of the victim.
C With respect to the instant preceding accident, G was indicted for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents against each of the instant subsequent events, and on October 12, 2016, G was sentenced to each of the fines of KRW 4 million in Daegu District Court racing Support (2016No. 3400) and became final and conclusive due to its failure to file an appeal.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 41, Eul evidence 2 and 3, and the purport of the whole pleadings
2. The Parties.