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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. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with the D vehicle owned by C (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with the E vehicle (hereinafter “Defendant vehicle”).
나. 2017. 4. 10. 18:55경 광주 서구 F 소재 G매장 앞 ‘ㅏ’자형 신호등 없는 삼거리 교차로에서 피고차량이 우측 도로에서 좌회전하던 중 당시 직진하고 있던 원고차량과 충격하는 사고(이하 ‘이 사건 사고’라고 한다)가 발생하였다.
C. On June 27, 2017, the Plaintiff paid insurance proceeds of KRW 1,276,000 at the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, each entry or video of Eul 1 to 3, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion 1) The defendant's assertion that the accident in this case was about to turn to the left after temporarily stopping the vehicle, and after checking whether or not the vehicle has left to the left properly, the accident occurred by the driver of the defendant's vehicle who caused the accident between the plaintiff's vehicle and the damaged vehicle to turn to the left rapidly. Since it is reasonable to view the driver's fault as 100%, the defendant, who is the insurer of the defendant's vehicle, is obliged to pay the 1,276,000 won, which is the insurance money paid by the plaintiff, and the damages for delay thereof. 2) The defendant's assertion that the accident in this case was about to turn to the left at the left while the defendant's vehicle was stopped well, and even after the plaintiff's vehicle was stopped after finding the plaintiff's vehicle, the plaintiff's driver's negligence was 100% because the plaintiff's vehicle was not considered to be the defendant's vehicle.
B. The driver of a motor vehicle who intends to turn to the left at an intersection where traffic is not controlled shall proceed to the right at such intersection.