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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay KRW 3,397,418 to the plaintiff.
B. The plaintiff.
Reasons
1. Basic facts
A. The Defendant is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant’s vehicle to the following instructions:
B. On January 2, 2017, at around 06:55, the Plaintiff driven a BAWn Transport Vehicle owned by it (hereinafter “Plaintiff”) and proceeded along two lanes from the fourth line road in front of the construction site in the Yongsan-gu, Yongsan-gu, Seoul at an ancient city. At the entrance of the four-lane construction site, the Plaintiff was subject to a conflict between the front side of the DWz ACTROS 17.5 tons Track Track Track Track Track Track Track Track Track (hereinafter “Defendant vehicle”) and the front side of the right side of the Plaintiff vehicle (hereinafter “instant accident”).
C. As the Plaintiff’s vehicle was destroyed due to the instant accident, KRW 4,853,455 was required at its repair cost.
【Ground for Recognition: Each entry of the facts without dispute, Gap evidence 5 and 7
2. Occurrence of liability for mutual aid;
A. The Plaintiff suffered loss due to the negligence of the Defendant’s vehicle, and the Defendant bears the responsibility to compensate the Plaintiff for the loss caused by the instant accident in accordance with a mutual aid agreement for the Defendant’s vehicle.
B. The fact that the limitation of liability 1 was recognized was at night at the time of the accident in this case, and the view was limited by the headlights of vehicles driving on the opposite lane.
At the time, the vehicles were stopped on the three-lanes, but the two-lanes in which the plaintiff's vehicle driven was smooth.
According to the black image, it is difficult to confirm the existence of the Defendant’s vehicle on the front side until the Plaintiff’s vehicle arrives at the accident site, and at the time the Plaintiff’s vehicle was driven by a green, etc. at the Plaintiff’s vehicle’s vehicle driving signal at the accident site, so the Plaintiff was driving at a normal speed according to the black signal.
Plaintiff
The defendant vehicle shall have a road around the time when the vehicle arrives at the accident site.