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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
[Claim]
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).
B. At around 17:00 on September 30, 2018, the Plaintiff’s vehicle was directly engaged in the Plaintiff’s vehicle in accordance with the new subparagraph at the 3-distance Intersection in front of the F cafeteria located in Yangju City, and the Defendant’s vehicle, who was on the opposite lane, had an accident of conflicting the part of the Plaintiff’s driver’s seat on its front part.
(hereinafter referred to as “instant accident”). C.
The Plaintiff’s vehicle was damaged due to the instant accident, and the Plaintiff paid KRW 2,256,600 as the repair cost of the Plaintiff’s vehicle until October 26, 2018.
(Deduction of Self-Payment in 500,000 won). [Grounds for Recognition] The fact that there is no dispute, entries in Gap evidence 1 through 5, the purport of the whole pleadings.
2. The assertion and judgment
A. The Plaintiff asserts that the instant accident was caused by Defendant’s negligence by 100% of the Defendant’s driver’s 100% of the insurance proceeds paid to the Defendant, and sought payment for the total amount of KRW 2,256,600 and delay damages.
B. In light of Article 6(2) [Attachment 2] of the Enforcement Rule of the Road Traffic Act, the defendant vehicle may turn to the left at the time of signal of green light at a place where a non-protection circuit sign is marked. Thus, it cannot be deemed that the defendant vehicle violated the signal.
However, it is recognized that the left left turn has not been obstructed by the vehicle from the opposite direction to the vehicle, but the defendant vehicle neglected such duty and failed to properly take into account the move of the straight-on vehicle.
(c) However, in Article 48 of the Road Traffic Act, drivers of all vehicles shall accurately operate the steering system, brakes and other devices of vehicles and shall operate roads.