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1. The Defendant’s KRW 43,793,49 as well as 5% per annum from January 17, 2015 to January 19, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to B-owned vehicles (hereinafter “Plaintiff-owned vehicles”), and the Defendant is a person who has entered into a mutual aid contract with respect to C-owned vehicles (hereinafter “Defendant-owned vehicles”).
B. A, around 23:42 on January 28, 2014, at the 0.13:130% of the blood alcohol concentration, was driving three-lanes of the three-lanes, one of the three-lanes at the 752-2 Freedom 2, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, the motorway, at the 0.130% under the influence of alcohol.
On the side between the three-lanes on the bed side and the side, the passenger D, who has boarded the defendant's vehicle, stopped the defendant's vehicle due to a sudden change, and then the divided side and the side of the defendant's vehicle was reported.
There was no safety signs at that time.
A discovered the vehicle of the Defendant and opened the direction to the right side of the Plaintiff’s vehicle, and caused an accident that almost flicks the rear side of the Defendant’s vehicle and D with the left side of the Plaintiff’s vehicle at the same time. At around 00:09 of the following day, D died of the Defendant’s vehicle due to face drypt, etc. at the site of the accident, and A suffered an injury, such as hind, hined, hined, left hined, etc.
(hereinafter referred to as “instant accident”)
C. On January 16, 2015, the Plaintiff, as an insurer, paid KRW 145,978,330 in total to the bereaved family members of D who died of the instant accident, including KRW 144,242,320 according to the judgment on damages and KRW 1,736,010 for the medical expenses of A separately.
[Ground of recognition] The evidence Nos. 1 through 7, Eul's evidence Nos. 1 through 4, and the purport of the whole pleadings
2. Determination
A. According to the facts stated in Paragraph 1, the defendant is liable to compensate the damage suffered by the network D and its bereaved family members and A due to the instant accident as a mutual aid business operator for the defendant's vehicle, and the plaintiff is the bereaved family members of the network D.