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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
1...
Reasons
1. Basic facts
A. The Plaintiff is a mutual aid association consisting of B, the owner of a vehicle A, the vehicle A, the owner of the vehicle A, and the Defendant is a mutual aid operator who has entered into a liability mutual aid agreement for a large vehicle C (hereinafter “Defendant”).
B. At around 05:10 on March 31, 2015, the Defendant’s vehicle was going straight along the four-lanes of the 363.9km-do 363.9km-do.
At the time, the driver D of the defendant vehicle is driving strokely.
From the same four-lanes of the E vehicle (hereinafter referred to as the “lined vehicle”) as a result of this, the central separation zone was shocked to the one-lane and the last stop over the two-lanes.
The towing vehicle, which was in the vicinity, immediately arrived at the scene of the accident, brought a warning light on the two-lanes and sound a siren, and the two vehicles driven in the one-lanes were moving on the three-lanes of the Defendant vehicle.
C. However, after approximately 2 to 3 minutes from the time of the occurrence of the preceding accident, the above B, the driver of the Plaintiff vehicle, was driving as the first lane, and the left side of the Defendant vehicle was shocked by the front left side of the Plaintiff vehicle.
(hereinafter “instant accident”). D.
In the instant accident, B and passenger F died, who are the driver of the Plaintiff vehicle, and passenger G suffered injury “alley of a sacrife infing sacrife,” which requires approximately 12 weeks medical treatment.
E. On April 17, 2015, the Plaintiff paid KRW 21,144,00 as the depreciation cost to the wife B in relation to the instant accident on April 17, 2015 in accordance with the provisions and terms of the Trade Council.
[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 10 evidence (including paper numbers) and the purport of whole pleading
2. The parties' assertion;
A. The plaintiff's argument that the accident of this case occurred on the wind that caused the preceding accident by driving the driver of the defendant vehicle to drive a stroke, and thus, the driver of the defendant vehicle will be the driver of the vehicle of this case.