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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).
B. On April 3, 2016, around 17:25, the Plaintiff’s driver completed a gas station at the D charging station located in Thai City C, and there was an accident corresponding to the Defendant’s vehicle that entered the said station by driving the Plaintiff’s vehicle to make a right-hand turn at the exit of the gas station, and by making a left-hand turn at the time. (hereinafter “instant accident”).
C. On April 7, 2016, the Plaintiff paid the insurance proceeds of KRW 128,000,000 calculated by deducting KRW 200,000 from the repair cost of the Plaintiff’s vehicle from KRW 328,000 due to the instant accident.
[Ground of recognition] Facts without dispute, entry or video of Gap evidence 1 to 8, purport of the whole pleadings
2. The parties' assertion and judgment
A. (1) The Plaintiff asserts that the instant accident occurred in the course of entering the gas station by the Defendant’s vehicle into the gas station, and thus, the Defendant’s vehicle’s failure to make a left-hand turn was caused by the whole negligence of the Defendant’s driver.
(2) As to this, the Defendant asserts that the instant accident occurred as the main cause of the Plaintiff’s vehicle driver’s appeal, and that the Plaintiff’s negligence is larger than that of the Plaintiff’s driver.
B. (1) In light of the details of the instant accident that can be seen through the descriptions and images of the evidence Nos. 6 and 7, and the location of each vehicle and the degree of collision, etc., it is reasonable to deem that the instant accident caused the fault of the Defendant’s driver who tried to turn to the left inevitably by neglecting his duty of care to enter the gas station in a safe manner by taking into account the traffic situation of the front bank, and by neglecting his duty of care to safely enter the gas station.
However, the driver of the plaintiff vehicle shall also pass around the vehicle.