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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. On August 15, 2015, at around 00:10, the Defendant: (a) driven a road of 122c c obba (hereinafter “the instant Obaba”); (b) obstructed B without permission crossinging the road to the right side on the left side of the left side while driving a road of 6-lane in front of the mountain zone in front of the Subag-gu, Suwon-si, Suwon-si, Suwon-si (hereinafter “instant Obaba”).
(hereinafter “instant accident”). B.
In the instant accident, B suffered injury to the right-side joints, stoves, stoves, etc., and the Defendant suffered injury, such as blood transfusions from credit stoves, stoves, and stoves, etc.
C. The amount calculated by deducting KRW 14,854,150,000 paid by the damage insurance company on January 4, 2016, from KRW 22,683,787,930, as medical expenses, etc. up to February 2, 2016 pursuant to the comprehensive automobile insurance contract entered into with B pursuant to the automobile complex insurance contract entered into with B, as the government guarantee business entity and the Plaintiff, who was entrusted with the business of guaranteeing automobile accident compensation by the State pursuant to Article 37(1) of the Guarantee of Automobile Accident Compensation Act, pursuant to the provisions of Article 37(1) of the Automobile Accident Compensation Act, as the Plaintiff entered into a comprehensive automobile accident insurance contract with B, which is a business entity and the Plaintiff who was entrusted with the business of guaranteeing automobile accident compensation by the State pursuant to the provisions of Article 37(1) of the said Act.
The sum of 7,093,390 won paid KRW 14,777,170.
[Ground of recognition] Evidence Nos. 2-1, 2, 3-1, 2, 4-1, 2, 1, 2-2, 2-1, 2-1 and 2-1, 2-2, and the purport of the whole pleadings.
2. The assertion and judgment
A. The Plaintiff’s assertion 1 of the parties concerned is an accident that occurred due to the Defendant’s negligence in performing his duty of care in advance. Thus, the Defendant is obligated to compensate the Plaintiff for the damages incurred by the instant accident. The Defendant is obligated to claim reimbursement for the total amount of the insurance money paid by the Plaintiff to B, the total amount of KRW 34,77,170, and damages for delay.