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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.The following facts may be acknowledged, either in dispute between the parties or in combination with the whole purport of the pleadings, on the statements and images set forth in Gap evidence 1 to 6, Eul evidence 1 and 2 (including each number):
The Plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract with A and its owner B, and the Defendant is the owner of Csi (hereinafter referred to as “Defendant”) and the user of D who drives the said taxi.
B. On June 6, 2016, around 15:01, the Plaintiff’s vehicle temporarily stopped along a three-lane under the higher-priced road as a new distribution route in Seocho-gu Seoul, Seocho-gu. At the time, the Defendant’s vehicle running the four-lane road above the end of the road changed its course to three-lane due to the decline in the vehicle line, and the Defendant’s vehicle moving ahead of the Plaintiff’s vehicle in front of the front part of the vehicle, resulting in an occurrence of an accident that may be somewhat conflicting with the lower-hand part of the Defendant’s vehicle and the right-hand part of the Plaintiff’s vehicle (hereinafter “instant accident”).
C. On June 23, 2016, the Plaintiff paid the insurance proceeds of KRW 1,184,000 in total under the name of the repair cost of the Plaintiff’s vehicle due to the instant accident (296,000 won).
2. The assertion and judgment
A. The Plaintiff asserted 1) The instant accident did not properly confirm the location of the Plaintiff’s vehicle, even though the Plaintiff’s driver temporarily stopped the Defendant’s vehicle to change its course to the front section of the Plaintiff’s vehicle, and did not properly verify the location of the Plaintiff’s vehicle, and caused the Defendant’s vehicle to be caused by the fault of the Defendant’s vehicle. As such, the Defendant asserted that the Defendant’s negligence was 100%, and sought payment of KRW 1,184,00 paid by the Plaintiff with the reimbursement, and damages for delay thereof. 2) As to this, the Defendant only claimed direction direction, etc. and ordinarily changed the vehicle. The instant accident was caused by negligence of the Plaintiff’s driver’s duty to keep the vehicle front.