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1. The Defendant: (a) KRW 50,05,600 for the Plaintiff and 5% per annum from October 16, 2015 to August 10, 2016; and (b) the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with A for B B (hereinafter “Plaintiff vehicle”) and the Defendant is a mutual aid business entity who entered into a mutual aid agreement with A for CKa trucks, D Tracck (hereinafter “Kac Truck,” and collectively referred to as “Defendant vehicle”).
B. On January 28, 2014, E driven the Plaintiff’s vehicle at around 06:45, followed by driving the Plaintiff’s vehicle, and driving the two-lanes of the two-lanes on the mid-to-west Highway at a point of 97.3km away from the front side of the Gyeong-gun, Sung-gun, Sung-gun, the front side of the Plaintiff’s vehicle at a speed of about 27 km/h in the parallel direction at a speed of about 108km/h (hereinafter “the first accident”), followed the part on which the Plaintiff’s vehicle was parked in the direction of about 84km/h of the front side of the vehicle, and then the part on which the Plaintiff’s vehicle was parked in the direction of about 1 hour at the speed of about 84 km in the front side of the front side of the vehicle.
(hereinafter referred to as “the second accident”) and the second accident together with the second accident shall be referred to as “the instant accident.”
In the instant accident, F, the chief passenger of the Plaintiff’s vehicle, died at the scene of multiple prolonged damage. At the time of the instant accident, the National Science Investigation Institute, which appraised the speed of the Plaintiff’s vehicle and the cause of the Deceased’s death, has occurred after approximately 31 seconds from the right-hand rest area to the right-hand side of the road. The speed of the Plaintiff’s vehicle at the time of the instant accident was about 108km/h, and the corresponding damage may be caused by a storm plucking or collapse of the Deceased’s vehicle caused by the second accident. However, the shock of the Plaintiff’s structures caused by the first accident, the type of damage to the Plaintiff’s structure, the chief opening status, and the damaged parts of the Deceased.