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1. Of the judgment of the first instance court, KRW 1,400,000 against the Plaintiff and its related thereto, from June 30, 2017 to May 24, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A Highway patrol vehicles (hereinafter “Plaintiffs”). The Defendant is a mutual aid business operator who has entered into an automobile mutual aid contract with respect to B vehicles (hereinafter “Defendant vehicles”).
B. On June 17, 2017, around 08:04, the Plaintiff’s vehicle proceeded to the Seoul section in accordance with three-lanes among the west coast highways located in Gyeongsung-si, Seosung-si, and the vehicle turned to the left-hand direction and changed to two-lanes, while the vehicle turned to the front side of the Defendant’s vehicle and the front side of the Plaintiff’s vehicle followed by the two-lanes (hereinafter “instant accident”).
C. On June 29, 2017, the Plaintiff paid the insurance proceeds of KRW 2,00,000,000 after deducting self-paid expenses at the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 and the purport of the whole pleadings
2. The plaintiff asserts that the accident in this case occurred due to the violation of the duty to stop on the front line and the failure to secure the safety distance of the defendant vehicle, and thus, the defendant asserts that the accident in this case occurred due to the change of the vehicle's speed and the low speed operation of the plaintiff vehicle, while the defendant asserts that the responsibility ratio is at least 80%.
3. The following circumstances acknowledged based on the facts found in the judgment, the above recognition, and the evidence revealed earlier, i.e., when intending to change course while driving in the same direction, the driver of any motor vehicle shall make a signal with hand, direction indicator or light until the completion of the act, and such signal shall take place at least 30 meters (100 meters in case of an expressway) before reaching the point where it is intended to change course. Article 38(1) of the Road Traffic Act and Article 38(1) of the same Act shall apply.