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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
2...
Reasons
1. The following circumstances surrounding the underlying facts do not conflict between the Parties.
On December 9, 2018, at the time of the accident, the insured vehicle C (hereinafter “Plaintiff”) of the Defendant Insured Vehicle D (hereinafter “Defendant Vehicle”) at the time of the Plaintiff’s insured vehicle (hereinafter “Defendant Vehicle”) and the Plaintiff paid insurance proceeds of KRW 2,352,300,00 (the amount calculated by deducting KRW 500,000 from the repair cost) that the Defendant Vehicle, which was trying to enter the road before the gas station in front of the gas station in the vicinity of the Mungdong-dong Station at the time of the time of the accident, on December 13:05, 2018.
2. Determination
A. In light of the following circumstances, the instant accident may be assessed entirely as arising from the negligence of the driver of the Defendant vehicle, in light of the following circumstances acknowledged by comprehensively taking into account the descriptions or images of the evidence Nos. 4, 9, and Eul Nos. 1 through 3 (including various numbers), and the purport of the entire pleadings:
① Before entering the road, the driver of the Defendant vehicle confirmed whether there is a vehicle that wants to enter the road by checking well the front and rear sides before entering the road, and if there is a vehicle, the driver of the Defendant vehicle, while neglecting the duty of care to safely enter the road after the passage of the vehicle, caused the accident by entering the road.
② At the time of the driver of the Plaintiff’s vehicle confirmed in the black image, it seems difficult to anticipate that the Defendant’s vehicle was preparing to enter the road at a normal speed, despite the Plaintiff’s vehicle driving at a normal speed, it was difficult to anticipate that the Defendant’s vehicle attempted to enter the road in an unreasonable manner without waiting the Defendant’s vehicle.
③ Meanwhile, the Defendant, at the time, moved the Plaintiff’s vehicle from the third to the fourth lane, and the Defendant’s driver is driving the Plaintiff’s vehicle on the fourth lane.