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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. Facts of recognition;
A. The Plaintiff is a mutual aid business operator who entered into a motor vehicle mutual aid contract with respect to A bus (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into a comprehensive motor vehicle insurance contract with respect to B (hereinafter “Defendant”).
B. On March 11, 2014, at around 16:15, C, driving the Plaintiff’s vehicle, driving the Plaintiff’s vehicle, driving the vehicle into the e-vehicles of D Driving in the opposite direction (hereinafter “small e-vehicle”), driving the vehicle in the front direction, driving the vehicle in the front direction, driving the vehicle into the e-vehicle of D driving in the opposite direction when he intrudes the central line in order to discover and damage the Defendant’s vehicle parked in the front direction, driving the vehicle into the e-vehicle of D and Plaintiff’s passenger injury. As a result, D and Plaintiff’s passenger injury suffered from D and F.
(hereinafter “instant accident”). C.
By January 30, 2015, the Plaintiff paid the mutual aid amount of KRW 18,190,280 under the name of D, F’s treatment costs and agreed amount, Plaintiff’s repair cost, etc. for the instant accident.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 5 (including each number), Eul evidence 1, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserted that the accident of this case caused the accident of this case where the vehicle of this case was illegally parked on the front side of the road along which the vehicle of this case was running in the opposite direction beyond the center line causing damage to the defendant's vehicle, and the accident of this case occurred between the plaintiff's vehicle's negligence in driving and the defendant's vehicle who illegally parked in the vehicle of this case, and the rate of the negligence of the defendant's vehicle of this case is about 30%. Thus, the accident of this case is about 18,190,280 won of the above mutual-aid 18,190,280 won, which is equivalent to 30% of the negligence of the defendant's vehicle of this case, the defendant is obligated to pay 5,457,084 won and delay damages.
As to this, the defendant.