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1. The Defendant: (a) KRW 28,125,792 for the Plaintiff and KRW 5% per annum from April 1, 2016 to July 21, 2017; and (b) from the following day.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with Nonparty A (hereinafter only referred to as the Plaintiff’s vehicle), and the Defendant is a mutual aid business entity who entered into a truck mutual aid contract with the Defendant for the vehicle C (the tank licker; hereinafter referred to as the Defendant’s vehicle).
B. On January 20, 2016, A, who driven the Plaintiff’s vehicle at around 04:00, caused an accident to conceal the back portion of the Defendant’s vehicle parked at the right edge of the road and shock the Indian telegraph, which was stopped at the right edge of the road, among the parking lots in front of the seven parking lots at the headquarters of the headquarters of the headquarters of 139-5 Masco-dong, South-west-dong, Masco-dong, 139-5, Masco-dong.
(hereinafter referred to as the “instant accident”) and due to the instant accident, A and D were dead.
C. After the instant accident, the Plaintiff paid KRW 281,257,920 to the heir of the said D’s heir due to the death of the said D.
[Ground for Recognition] Unsatisfy and entry of Gap evidence 1 to 10
2. The assertion;
A. In the event of the instant accident, the center line of yellow-ray is installed as a yellow-ray road, and the side length of 4 meters wide and 2.65 meters wide and the opposite direction is installed on the right side of the Plaintiff’s vehicle, and the side side of the road is installed on the side of the road.
B. In addition, the road in which the instant accident occurred is the section 50 KK per hour, and a sudden kier is formed to return to the direction of the driving of the Plaintiff’s vehicle.
C. At the time of the instant accident, the said A: (a) left the lane on a sudden sloping road; (b) left the lane on a brupt road; (c) left the lane; and (d) Hands at the right direction; (b) in the process, the vehicle’s body took a little right direction; and (c) wheel the right right direction of the Defendant’s vehicle came into contact; and (d) opened up the right direction.
In addition, in the process of drilling the defendant vehicle, the body of the plaintiff vehicle is rapidly divided in the future, so that the body of the vehicle can be fast down with the above direction.