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1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.
Reasons
1. Basic facts
A. The Plaintiff is a mutual aid business entity that has entered into a motor vehicle mutual aid agreement with respect to D private taxi owned by C (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity that entered into a construction mutual aid agreement with F Co., Ltd. (hereinafter “Nonindicted Company”) that entered into a construction mutual aid agreement with the Defendant to guarantee the Defendant’s liability for damages arising from the said construction work with respect to the bridge in front of Namyang-si (hereinafter “instant bridge”).
B. On July 24, 2018, at around 00:55, C was driven by the Plaintiff’s vehicle to transport passengers, and proceeded in the vicinity of the instant bridge. While the instant bridge was cut off, C was not installed with a temporary road installed before the end of the instant bridge, and even if C was to proceed with the instant bridge by using a temporary road installed before the lower end of the said bridge, C was in a state of lighting and was not equipped with a protective facility to prevent the fall. Accordingly, C was driving the Plaintiff’s vehicle and proceeded with the instant bridge without driving it on a temporary road and driving it on the front side of the instant bridge, and as a result, the Plaintiff’s vehicle fell into a river, and the Plaintiff’s vehicle was damaged by the instant accident.
C. The Plaintiff, in accordance with the terms and conditions of automobile mutual aid, paid KRW 4,182,00 in Do as KRW 5,982,00 by paying KRW 1,80,00 for medical expenses, Plaintiff’s vehicle repair expenses, towing expenses, etc. with the insurance proceeds for self-compensation for C until October 10, 2018, and paid KRW 5,982,000 for Do. The amount of the said payment is the amount calculated by subtracting KRW 100,000 for self-payment related to the self-payment for the Plaintiff
[Based on recognition] Gap evidence 1 to 7 (including branch numbers), Eul evidence 1 to 6, and the purport of the whole pleadings
2. The Plaintiff’s ground for the claim is interest.