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The defendant's KRW 36,106,212 to the plaintiff is 5% per annum from November 13, 2018 to March 18, 2021.
Reasons
1. Occurrence of liability for damages;
A. 1) The Defendant is an insurer who has concluded an automobile comprehensive insurance contract with respect to the Cone Star Round vehicle (hereinafter “Defendant vehicle”).
2) On November 13, 2018, D driving the Defendant’s vehicle at around 16:29, and driving in the vicinity of ICT at a point 264.60km away from the area of Seoul (Seoul) on the west-west Highway. Around November 13, 2018, D shocked the vehicle that was driven before the Defendant’s vehicle, and shocked the Plaintiff’s E-cab vehicle (hereinafter “Plaintiff’s vehicle”), which was driven before the vehicle, while the vehicle was pushed off (hereinafter “the instant accident”). The Plaintiff sustained the injury, such as the instant accident’s inferred signboards in the emergency and the external shock signboards in the border.
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, 2, 9, Eul evidence No. 1 (including each number), video, and the purport of the whole pleadings
B. According to the fact of recognition of liability, the Plaintiff sustained injury due to the operation of the Defendant’s vehicle, barring any special circumstance, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as an insurer of the Defendant’s vehicle.
(c)
The defendant asserts that the negligence of the plaintiff vehicle should be recognized as 20% because the plaintiff vehicle did not take active measures, such as promptly informing the plaintiff vehicle of the prior accident to the rear and promptly moving the vehicle to the side.
B. In the event of a drilling accident by a vehicle following the vehicle moving on the road for the exclusive use of a motor vehicle without taking safety measures such as moving the motor vehicle to a safe place even though it is impossible to drive the motor vehicle due to a preceding accident, or setting up a sign of a broken-down motor vehicle on the road for the main use, there is no fault on the preceding vehicle in the occurrence of the preceding accident, and there is no time to take safety measures, etc. after the accident.