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1. The Defendant’s KRW 27,811,640 for the Plaintiff and 5% per annum from January 29, 2016 to September 23, 2016.
Reasons
Basic Facts
① The Plaintiff is the insurer of the vehicle A (hereinafter “Plaintiff”) owned by the Incheon B (hereinafter “Defendant”) and the Defendant is the insurer of the vehicle B owned by the Defendant (hereinafter “Defendant”) around December 14, 2015; ② the Defendant’s vehicle driving a three-lane from the third-lane (airport direction) road in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon (hereinafter “instant accident”); ③ the repair cost equivalent to KRW 27,81,640 was paid on the Plaintiff’s vehicle according to the instant accident; and the Plaintiff did not have paid the insurance money including the above amount to the Incheon B B, the owner of the vehicle, or it can be recognized through the evidence and image (including the number of pages) as indicated in subparagraphs 1 through 5, and 2 through 2 (a).
As to the Plaintiff’s claim seeking reimbursement amount equivalent to the above repair cost, the Defendant asserts that there is no dispute as to the amount of damages claimed by the Plaintiff, and that the amount corresponding to the Defendant’s negligence should be reduced (see the second pleading protocol). Therefore, in the instant accident, whether the driver of both vehicles is negligent and the scope thereof should be determined.
On the other hand, in light of the following circumstances, the Plaintiff’s vehicle was stopping on the side of the Incheon Bridge at the time of the accident at the time of the accident, while considering the evidence revealed through the same evidence, it is difficult to recognize that the accident in this case occurred entirely due to the Defendant’s negligence.
Plaintiff
Vehicles shall carry on the works, such as repair, maintenance, etc. of highways, along the side.