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1. The Defendant: (a) KRW 20,600,000 for the Plaintiff and 5% per annum from October 24, 2015 to November 28, 2017; and (b).
Reasons
1. Basic facts
A. On September 26, 2015, around 03:30 on September 26, 2015, A driven a B B B B PP car, the Defendant insured vehicle (hereinafter “Defendant”), and caused an accident that shocks of the two-lanes of the two-lanes near the 9km of the Gyeongbu Highway, such as the violation of the duty of Jeonju City duty, etc. while driving the two-lanes into the Busan Sea, A stopped in the first way.
B. C, at the time after the five minutes of the above accident, driving a D Uidi vehicle, the insured vehicle of the Plaintiff (hereinafter “Plaintiff”) in the direction of the Defendant’s side, driving a single-lane vehicle in the direction of the Defendant’s side, and shocked the Defendant’s vehicle that stopped due to the above accident.
(hereinafter referred to as "the accident of this case" (c)
On October 23, 2015, the Plaintiff paid C the repair cost of KRW 41,200,000 for the Plaintiff’s automobile repair cost due to the instant accident.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 15, video, purport of whole pleading
2. Determination
A. Article 66 of the Road Traffic Act provides that “When the driver of a motor vehicle becomes unable to drive a motor vehicle on an expressway, etc. due to breakdown or other causes, the driver of the motor vehicle shall be subject to a sign prescribed by Ordinance of the Ministry of Public Administration and Security (hereinafter “mark
A motor vehicle shall be installed and necessary measures shall be taken to relocate its motor vehicle to a place other than an expressway, etc.
Article 67 (2) of the same Act provides that "the driver of a motor vehicle driving on an expressway, etc. shall always keep a broken-down motor vehicle sign pursuant to Article 66 in order to ensure the safe and smooth flow of traffic on the expressway, and when the driver becomes unable to drive a motor vehicle due to breakdown or other unavoidable reasons, he/she shall stop the motor vehicle at the right edge of the road and install a sign, as prescribed by
Article 40 (1) to (3) of the Enforcement Rule of the Road Traffic Act provides that "the signs of broken-down vehicles shall be marked."