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1. The Defendant’s KRW 5,527,157 as well as the Plaintiff’s annual rate from August 22, 2018 to April 30, 2019, and the next day.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C on the Kagro vehicle (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has entered into an automobile insurance contract on the Kagro vehicle (hereinafter “Defendant vehicle”).
B. Around 21:00 on March 24, 2018, F (hereinafter referred to as “the network”) driven the Plaintiff’s vehicle and got the front part of the Plaintiff’s vehicle while driving at a two-lane point 16.5km away from the parallel line of the Pyeongtaek-si Highway at Seosungsung-si, Seosungsung-si, the lower part of the Defendant’s vehicle that was earlier, while driving at a two-lane point in the middle of the three-lane.
(이하 ‘1차 사고’라 한다). 1차 사고의 충격으로 1차로에 멈추어 선 원고 차량의 옆부분을 1차로에서 뒤따라오던 SM6 차량이 차량 앞부분으로 들이받았고(이하 ‘2차 사고’라 한다), 2차 사고의 충격으로 망인은 원고 차량에서 튕겨져 나와 도로에 떨어지고 원고 차량은 시계반대방향으로 회전하다가 2차로에서 뒤따라오던 스파크 차량이 망인을 역과하고 원고 차량을 들이받았다
The third accident is called ‘the third accident'.
C. C. At the time of the first accident, the remainder of the Defendant’s vehicle was turned out. D. The Deceased died due to the cardiopulmonary suspension due to the said accidents. E. As a result of the damage assessment, when the amount of damage of the Deceased caused by the said accidents was determined to be KRW 349,89,394, the insurer of the SM6 vehicle paid KRW 24,929,570, which deducted 30% of the deceased’s negligence to the bereaved family members, and the Plaintiff paid KRW 100,000,000 for the automobile accident insurance on August 21, 2018. [In the absence of any dispute over the grounds for recognition, evidence Nos. 1 through 10, and evidence No. 10, and the purport of the entire pleadings as a whole.
2. Assertion and determination
A. The main point of the Plaintiff’s assertion lies in the negligence of the Plaintiff’s vehicle, which did not neglect the duty of front-time care and does not secure a safe distance, and the negligence of the Defendant’s vehicle, which took place at night, in a state where the rear light is not opened.