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1. The Defendant’s payment of KRW 44,749,436 and each of the said money to Plaintiff A from January 3, 2017.
Reasons
1. Facts of recognition;
(a) On January 3, 2017, D driving an E Tracler (hereinafter “dive vehicle”) around 06:45, and driving the vehicle along the direction of Busan Metropolitan Real Estate Agent’s nearby the Gangseo-gu Busan Metropolitan Government, along with one lane from the chilling side to the chilling side of the road located in Busan Gangseo-gu, and changing the course from the chilling side to the chilling side of the two-lane, and the H driver’s Ivoke car (hereinafter “victim’s vehicle”) sent directly from the two-lanes in the same direction was shocked into the right side of the hump truck, and the hump truck turneded into the front side of the hump truck, which turned into the front side of the hump truck, which turned into the opposite side of the hump truck, and continued to go into the left side side of the hump truck in the same direction as that of the hump truck.
(hereinafter “instant traffic accident”). (b)
In the instant traffic accident, the network M on the top of the damaged vehicle (hereinafter referred to as “the deceased”) died in the same place due to the diversity damage.
B. The deceased’s heir is the wife A, the Plaintiff B, and C, the wife, and the Defendant is the mutual aid business entity who entered into a car mutual aid agreement with respect to a household vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (if any, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Occurrence of liability for damages;
A. According to the above recognition of liability and the evidence mentioned above, the traffic accident in this case was caused by negligence in driving a sea-going vehicle even though it has a duty of care to safely change the way to the right-hand side in the process of changing the lane. Thus, the defendant is a mutual aid business operator of the sea-going vehicle, barring special circumstances.