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1. Of the judgment of the court of first instance, 26,269,282 won and its related thereto are 5% per annum from December 4, 2013 to January 23, 2015, and 5% per annum.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into an automobile insurance contract (hereinafter “instant insurance contract”) with the network A (hereinafter “the deceased”) for the passenger car No. B (hereinafter “Plaintiff”) as the named insured (hereinafter “instant insurance contract”). The Defendant is a mutual aid contractor who entered into a mutual aid contract with C25 tons of dump trucks (hereinafter “Defendant”).
B. On February 13, 2013, at around 02:55, when driving the Plaintiff’s vehicle without a driver’s license, the Defendant’s vehicle loaded the Defendant’s vehicle which was illegally parked at the right edge of the Plaintiff’s vehicle while driving the vehicle at the front part of the Plaintiff’s vehicle in accordance with three-lanes of the three-lane road adjacent to the intersection at the entrance of the Hanjin-gu, Hanjin-gu, Hanjin-gu, Hanjin-gu, Hanjin-gu, Hanjin-gu, Jin-gu., the left part of the three-lane road. (hereinafter “instant accident”). Accordingly, the Defendant died.
At the time of the instant accident, the Defendant’s vehicle did not turn on all lights.
C. The instant insurance contract included automobile accident insurance, and on April 25, 2013, the Plaintiff paid KRW 200,000 as the automobile accident insurance amount under the instant insurance contract following the death of the deceased who is the insured.
The terms and conditions applicable to the insurance contract of this case are as follows: in the case of automobile accident insurance, the remainder of the sum of actual amount of damage (in the case of an amount calculated according to the payment criteria for injury insurance by an automobile without personal liability or in the case of a lawsuit, before applying comparative negligence and compensation limit with the final judgment) and expenses (in the case of an automobile accident insurance, before applying the amount of comparative negligence and compensation limit with the final judgment) within the limit of the amount of insurance coverage stated in the insurance policy is paid as insurance money, and the plaintiff is entitled to receive compensation with the insured.