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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
1..
Reasons
1. At the time of the occurrence of the basic fact-finding accident, the Defendant’s deductible vehicle (hereinafter “Defendant’s vehicle”) under the situation of the collision in front of the Bupyeong-gu Incheon Metropolitan City at around 08:30 on September 12, 2018 at the time of the Plaintiff’s insured vehicle CD at the time of the occurrence of the basic fact-finding accident, in which the Defendant’s insured vehicle under the situation of the collision in front of the 337 Bupyeong IC (hereinafter “Defendant’s vehicle”) was paid to the Plaintiff’s insured vehicle under the left side of the direction of the Defendant’s vehicle (hereinafter “Plaintiff’s vehicle”) at the time of the bypassing the accident, and paid the insurance money that was paid at KRW 2,919,650 on September 21, 2018 as follows.
[Ground of recognition] Facts without dispute, Gap's statements or images, and the purport of the whole pleadings
2. Determination:
A. Comprehensively taking account of the overall purport of the evidence revealed earlier by the Plaintiff’s driver and the Defendant’s driver’s fault ratio, the instant accident occurred at the intersection where the instant vehicle and the Defendant’s driver are at a low speed. In particular, it appears that the Plaintiff’s vehicle and the Defendant’s driver were negligent in violating the duty of care to safely operate the vehicle in order to prevent collision, in light of the following: (a) the instant accident was caused by the negligence of the Plaintiff’s vehicle and the Defendant’s driver; and (b) the negligence of the Plaintiff’s vehicle and the Defendant’s driver was 50% in consideration of the background of the instant accident, etc.
B. According to the calculation of the amount of indemnity, the Defendant, the insurer of the Defendant, is the Plaintiff’s insurer, who subrogated the Plaintiff’s right to claim compensation for damages (i.e., total amount of damages 3,119,650 won x 50% of the negligence ratio of the Defendant’s vehicle x 200,000 won, and Supreme Court Decision 2015Da236431 Decided January 28, 2016), and insurance proceeds therefrom.