1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with A for BM5 vehicles (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who entered into a comprehensive automobile insurance contract with C for D dump trucks (hereinafter “Defendant vehicle”).

나. A은 2016. 4. 3. 03:56경 조수석에 E을 태우고 원고 차량을 운전하여 서울 동작구 노들로 734 노들길 잠실 방향 한강철교 밑 2차로를 여의도 쪽에서 잠실 쪽으로 시속 약 144km 로 진행하던 중 우측으로 미끄러지면서 갓길의 옹벽을 원고 차량의 앞범퍼 부분으로 들이받고(이하 ‘이 사건 1차 사고’라 한다), 이어서 원고 차량이 그 충격으로 튕겨나가 회전하면서 그곳 갓길에 주차되어 있던 피고 차량의 좌측 뒷 모서리 부분을 연쇄 추돌(이하 ‘이 사건 2차 사고’라 한다)한 후 정차하였다.

C. A and E, a driver, died at the site due to the instant accident.

On April 27, 2016, the Plaintiff paid KRW 325,000,00 as insurance money to the bereaved family members of E who died of the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 4 through 7, video, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The instant accident alleged by the Plaintiff was caused by the negligence due to the failure of the Plaintiff’s driver’s duty of safe driving, and the negligence of C who illegally parked the Defendant’s vehicle in the instant accident site.

In other words, when the defendant's vehicle parks in a bendway with the right side, it did not have a safety mark that is being parked in the future so that the vehicle in the future can know that there is a parked vehicle, and it did not turn on the vehicle's width or tail lights, and there was an error of illegal parking on the side side.

Therefore, the Plaintiff is the Plaintiff’s vehicle.