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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to a vehicle A (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with the vehicle B (hereinafter “Defendant vehicle”).
B. At around 20:30 on March 4, 2017, the driver of the Defendant’s vehicle, while making a U-turn in the U-turn road located on the dong-gu, Gwangju Mine-gu, which was located on the ground of the underground street route in Pyeongtaekdong-gu, the driver of the Defendant’s vehicle, along with the left-hand turn from the private-distance intersection where the signal lights, etc. are located as the fishing field of Gwangju Mine-gu (hereinafter “instant intersection”), according to the new subparagraph, came to the right-hand side of the Plaintiff’s vehicle, who was going to the left-hand side of the underground road (hereinafter “instant road”), and turned to the right-hand side of the Defendant vehicle, after going to the left-hand side of the front-hand part of the Defendant vehicle.
(hereinafter referred to as “instant accident”). C.
By March 29, 2017, the Plaintiff paid the owner of the Plaintiff’s vehicle totaling KRW 6,290,000 as insurance money for the repair cost of the Plaintiff’s vehicle caused by the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s driver of the instant vehicle entered the instant road by making a normal left turn according to the signals at the instant intersection. Since the Defendant’s driver attempted the Plaintiff’s vehicle without discovering the Plaintiff’s vehicle’s progress, the instant accident was caused by the Defendant’s fault, instead of properly examining whether the Defendant’s driver entered the instant vehicle by making a left turn.
Therefore, the Plaintiff has the right to claim reimbursement of KRW 6,290,000 for the insurance money paid by the Plaintiff to the owner of the Plaintiff’s vehicle against the Defendant, the insurer of the Defendant vehicle.
B. The driver of the Plaintiff’s vehicle is also unable to properly see the front door, and an appropriate defensive driving measure is taken.