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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into an automobile insurance contract with the Plaintiff Company A (hereinafter “Plaintiff”) for the vehicle B (hereinafter “Defendant vehicle”).
B. At around 12:40 on September 8, 2015, an accident that conflicts with the front part of the left part of the Defendant’s vehicle, the lower part of the Plaintiff’s vehicle, which was left left behind the left part at the underground parking lot of Geum-jin-gu, Seojin-gu, Seoul Metropolitan City, Geumjin-gu, Geumjin-gu, the upper part of the lower part of the Plaintiff’s vehicle, and the lower part of the lower part of the Defendant’s vehicle, was located (hereinafter “instant accident”).
C. On September 18, 2015, the Plaintiff paid KRW 8,680,000 insurance money under the pretext of automobile repair expenses, etc.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence Nos. 1 through 9, the video or the purport of the whole pleadings
2. Occurrence and scope of liability for damages;
A. The plaintiff's assertion that the plaintiff's vehicle was normally left and left at the right side of the passage as much as possible, and the left turn was completed, and the defendant's vehicle was in contact with the plaintiff's vehicle because the defendant's vehicle was directly faced with part of the central line of the virtual line, and thus, the plaintiff's vehicle is without fault.
On the other hand, the defendant asserts that the negligence of the plaintiff's vehicle that did not sufficiently create the left-hand space where the defendant's vehicle passes due to the plaintiff's vehicle's failure to make a left-hand turn on the right-hand side, and that the plaintiff's vehicle's failure to complete the left-hand turn should be recognized at least 80%.
B. According to the above facts of recognition, the instant accident is neglected to take necessary measures, such as the Plaintiff’s vehicle and the Defendant’s vehicle traveling along a narrow underground parking lot, to stop or yield, as necessary, due to the need to check well the movement of each other’s vehicle and their driving direction.