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1. The Defendant’s KRW 24,00,000 as well as 5% per annum from January 15, 2014 to August 11, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer of Aro-vehicle (hereinafter “instant Plaintiff”) and the Defendant is a mutual aid business operator who entered into a motor vehicle mutual aid agreement with B bus vehicles (hereinafter “instant Defendant bus”).
B. On October 25, 2013, at around 16:20, C driven the instant Plaintiff’s vehicle and proceeded to one lane from the 147.3km 147.3km at the right direction, and it was impossible to properly operate the steering gear from the road bend to the right right direction, thereby stopping the central separation zone on the left side of the instant Plaintiff’s vehicle and turning back to a two-lane between two-lanes.
C. D was followed by the two lanes, while driving approximately approximately 91.7km (the maximum speed is limited to 100km) at the time the Plaintiff’s vehicle was shocked into the central separation zone, and approximately 149.8 meters away from the Plaintiff’s instant vehicle. However, even after the Plaintiff’s shocking of the central separation zone, the Plaintiff did not immediately drive each of the instant Defendant bus, namely, even after the rapid decline, continued to reduce the speed of the instant Defendant bus by fulling the speed of the instant Defendant bus. Since the instant vehicle moved to the three-lanes, the Plaintiff’s vehicle turned to the three-lanes, and then failed to avoid the said vehicle, and shocked the front part of the instant bus into the front part of the instant bus.
(hereinafter “instant traffic accident”).
D. In the instant traffic accident, two persons (victim E, etc.) who were on the backside seat of the Plaintiff’s driver’s seat of the instant vehicle died.
E. The Plaintiff, as the insurer of the instant Plaintiff’s vehicle, paid KRW 240 million to the bereaved family members of E, the victim, on January 14, 2014.
[Grounds for Recognition: entry of Gap evidence 1 to 4, Eul evidence 1 to 7 (including each number), the result of this court's Ctv video material verification, the purport of the whole pleadings]
2. The parties' assertion
A. The Plaintiff’s assertion is the Defendant at the time when the Plaintiff’s vehicle shocks the central separation unit.