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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to B vehicles (hereinafter “Plaintiff vehicles”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with C with respect to D vehicles (hereinafter “Defendant vehicles”).
B. At around 11:50 on December 20, 2014, C driven the Defendant’s vehicle, driving the Defendant vehicle into two lanes among the two-lanes in front of the village hall at the top six-lanes (the width of a three-lane road including the sideway) in the front line of the Gocheon-si Line, Seocheon-si, and driven the front part of the front line of the Defendant vehicle while the vehicle of the E Driving F (hereinafter referred to as “non-party vehicle”) driven ahead of the two-lanes in front of the village hall (the width of the three-lanes including the sideway) and stopping on the right side of the road while the vehicle stopped on the right side of the road.
(hereinafter “instant primary accident”). C.
After the instant first accident, C moved the Defendant’s vehicle in the future, and then divided the dialogue between E and Nonparty’s side of the vehicle. On the same day, A driving the Plaintiff’s vehicle at around 11:55 on the same day, while driving the Plaintiff’s vehicle at around 11:55, C and E turned down the iceway while driving the Plaintiff’s vehicle at around 2-lanes, and C and E were shocked into the front side of the Plaintiff’s vehicle.
(hereinafter “instant secondary accident”). D.
Accordingly, the Plaintiff paid KRW 136,347,530 to E with medical expenses, KRW 2,296,470 to C, and KRW 839,820 to A for total of KRW 139,483,820.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 6 through 9, Eul evidence 1 and 3 (including each number), the video and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion that the instant secondary accident occurred, i.e., the Plaintiff’s failure to perform the duty of safe driving of the Plaintiff’s vehicle A, in addition to the Plaintiff’s driver’s failure to perform the duty of safe driving of the Plaintiff’s vehicle, Da, a driver of the Defendant’s vehicle, put up a triular belt, etc., or