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1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the following amount constitutes an additional payment order.
Reasons
Basic Facts
The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the Plaintiff Company A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with respect to the Plaintiff Company B (hereinafter “Defendant Company”).
On April 20, 2016, around 01:30 on the 01st 0th 0th 01:30 on the Chungcheongnamnam budget, the Defendant’s vehicle was making a stop on the two-lanes of the Seodododo Do 2nd Do-do Do-do Do-do Do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-
The Plaintiff and the Defendant agreed on January 9, 2017 in accordance with the “Mutual Agreement on the Deliberation on the Settlement of Motor Vehicle Insurance Claims”, which was held on January 9, 2017, determined that the percentage of the Plaintiff’s vehicle’s fault in the instant accident is 40%.
Accordingly, on January 26, 2017, the Plaintiff filed the instant lawsuit in accordance with the terms of the above agreement that, after paying KRW 2,628,00,00, out of KRW 6,570,000 for the repair cost of Defendant vehicle, the Plaintiff may file a lawsuit with the court in case of an objection to the decision of the committee for deliberation on disputes over indemnity.
[Ground of recognition] The Plaintiff’s vehicle, which was under normal driving of the Plaintiff Daejeon-gu Highway, as the party at the responsibility for the instant accident, could not at all be predicted that the Defendant’s vehicle was under stop while working from the two lanes to the auxiliary brakes. At that time, it was not installed a street, and it was practically impossible to discover the Defendant’s vehicle in advance because not only the road was installed but also the road was displayed on the right side in the direction of the road.
Therefore, the instant accident is the total negligence of Defendant vehicle.