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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.
The defendant.
Reasons
1. The circumstances leading up to the instant accident are as follows.
At the time of the accident, the insured vehicle CD on November 10, 2018 at the time of the accident, when the vehicle in the situation of the collision to the intersection in front of the F station located in Geumnam-gun, Geumsan-gun, Chungcheongnam-gun, in the front of the F station in the above location was straighted by one of the two-lanes of the above location and passed the intersection. The purport of the entire pleadings is as follows: (a) the Defendant vehicle was driving the vehicle to the right side of the Plaintiff vehicle while driving the vehicle by going to the right side of the Plaintiff vehicle at the right side of the Plaintiff vehicle; (b) the payment of the insurance money was shocked by the front part of the Defendant vehicle on the left side of the vehicle; and (c) 1,387,000,000 won for the repair cost of the Plaintiff vehicle on November 19, 2018; (d) there is no dispute on the ground of recognition; (c) the Plaintiff’s self-paid charge of the insured vehicle in front of the Plaintiff vehicle;
2. The parties' assertion
A. The Plaintiff’s instant accident occurred due to the Defendant’s total negligence on the part of the Defendant’s driver who neglected his duty of safe driving and the duty of prior watching, and the Plaintiff’s driver who was directly engaged in the right of passage could not predict or avoid the Defendant’s vehicle, and thus, the Defendant is obliged to pay the Plaintiff the full amount of the repair cost paid by the Plaintiff, who acquired the right of compensation for damages by subrogation, to the Plaintiff.
B. The Plaintiff’s vehicle is already stopped on the right side of the Plaintiff’s driving direction when entering the intersection, and thus, the Plaintiff’s driver is also at fault to reduce the speed and to check the traffic situation well, and thus, the Plaintiff’s compensation for damages arising from the instant accident is calculated.