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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract (hereinafter “instant insurance contract”) with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to the automobile D (hereinafter “Defendant”).
B. On November 1, 2018, at around 18:50, the Plaintiff’s vehicle caused an accident against the head of the Defendant’s vehicle, who was in the front line of the Plaintiff’s vehicle, among the left-hand distance from the top-down distance on the street of Kimpo-si, Kimpo-si.
(hereinafter referred to as “instant accident”). C.
As the Plaintiff rejected the claim for reimbursement of KRW 853,50 of the repair cost of the Defendant vehicle, the Defendant filed an application with the F Deliberation Committee (hereinafter “Deliberation Committee”) for deliberation and resolution, and the Deliberation Committee decided on January 11, 2019 as “the fault ratio of the Plaintiff’s vehicle and the Defendant’s vehicle to 85:15”, referring to the damaged part, etc. due to a collision between the Defendant’s position and the left-hand turn.
On February 26, 2019, the Plaintiff paid 725,470 won to the Defendant at the cost of repairing the Defendant’s vehicle equivalent to 85% of the fault ratio of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2 (including branch numbers for those with serial numbers) and the purport of the whole pleadings
2. Summary of the parties' arguments
A. The Plaintiff’s instant accident was caused by the Defendant’s vehicle’s access to the intersection in a unreasonable manner, even though the Plaintiff’s vehicle was going to the intersection while going to the intersection, and it was difficult for the Plaintiff to find the Defendant’s vehicle. Therefore, the Defendant’s negligence is 70%.
Therefore, the defendant should return to the plaintiff 469,420 won (=853,500 won x (0.85 - 0.3) equivalent to the defendant's negligence out of 725,470 won which was paid to the plaintiff according to the decision of the Deliberation Committee.
B. The location of the instant accident by the Defendant is divided into two parts, as well as two parts.