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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Reasons
1. Facts of recognition;
A. The plaintiff is a mutual aid business operator who has entered into a motor vehicle mutual aid contract with A (hereinafter "Plaintiff vehicle") and the defendant is a mutual aid business operator who has entered into a motor vehicle mutual aid contract with B (hereinafter "Defendant vehicle").
B. On June 19, 2017, around 15:02, the Defendant’s vehicle proceeded with one lane of the road around the Guro-gu Seoul Metropolitan Government Masan-ro 87 Han-ro, a third-lane of the surrounding apartment, and was making a left turn to the direction of the luminous direction at the intersection. However, the Plaintiff’s vehicle was making a left turn to the same direction as the Defendant’s vehicle on the two-lane of the above road, and the front side of the Defendant’s vehicle was shocked by the front side of the left side of the Plaintiff’s vehicle.
(hereinafter referred to as “instant accident”). C.
The Plaintiff paid insurance money of KRW 3.3 million on September 6, 2017 at the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. Despite the fact that the Plaintiff’s vehicle was in progress before the Defendant’s vehicle at the time of the instant accident, the instant accident occurred while the Defendant’s vehicle was in front of the Defendant’s vehicle. The fault ratio of the Defendant’s vehicle in relation to the instant accident should be reflected in 70%.
B. At the time of the instant accident, the Defendant’s assertion that the Defendant made a left left turn normally at the first lane, which is the right left turn, but the Plaintiff’s vehicle left the left in the same direction as the Defendant’s vehicle, and caused the instant accident by rapidly leaving the Defendant’s vehicle in the same direction as the Defendant’s vehicle. The Defendant’s allegation that the instant accident occurred. The Defendant’s responsibility for the instant accident lies entirely on the Plaintiff’s vehicle.
3. The driver of any motor vehicle who intends to make a left-hand turn at the intersection;