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1. The Defendant’s KRW 50,963,472 as well as the annual rate from February 6, 2014 to December 23, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. Around 12:00 on December 7, 2012, the Defendant’s insured vehicle (A express bus; hereinafter “Defendant vehicle”) changed the vehicle into one lane in order to avoid the string of the two-lanes near the door-to-Eup Gyeong-gu Seoul Special Metropolitan City on the road along the two-lanes near the door-to-Seoul Special Metropolitan City on the road in the middle-to-door Special Metropolitan City.
B. The Plaintiff’s insured vehicle (BAF car; hereinafter “Plaintiff vehicle”) changed the two lanes to the two lanes in order to avoid collision with the Defendant vehicle that is changing the lanes in the front line while driving along one lane among the two lanes of the above upper line.
However, in order to avoid this, it is still moving along the snowway, and in order to avoid this, the driver changed the lane to one another, and sees the back part of the defendant vehicle to the front part of the plaintiff vehicle.
(hereinafter referred to as “instant accident”). C.
The Plaintiff paid KRW 91,631,640,00 as insurance money for personal and material damage to the driver and the passengers of the Plaintiff’s vehicle who sustained injury due to the instant accident, up to February 5, 2014.
[Ground of recognition] Facts without dispute, Gap 1 through 5, and 8 through 12, each entry or video (including paper numbers), the inquiry result of the Central High Court's inquiry into the Central High Court's order, the purport of the entire pleadings
2. Occurrence and scope of liability for payment of indemnity money;
A. The plaintiff asserts that the accident in this case occurred due to the total negligence of the defendant vehicle that changed the vehicle rapid, and the defendant asserts that the accident in this case occurred due to the total negligence of the plaintiff vehicle that proceeded without securing the safety distance.
B. Comprehensively taking account of the descriptions of evidence Nos. 2, 6, and 7 and the purport of the entire pleadings in witness C’s testimony, the instant accident runs ahead of the instant vehicle in a visual path when the surface is slicked.