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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to B rocketing vehicles owned by A (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to C Operation D rocketing vehicles (hereinafter “Defendant vehicle”).
B. At around 09:10 on March 11, 2015, A, while driving the Plaintiff’s vehicle and driving the crosssection in front of the F real estate in Kimhae-si, along the four-lanes of the 4-lanes, in order to proceed to the right-hand box from the front side of the Plaintiff’s vehicle to the front side of the guard box, caused an accident (hereinafter “instant accident”).
C. As a result of the instant accident, C and C, a driver of the Defendant’s vehicle, sustained injuries, such as brain salvination, etc. in which each detailed specifications are unknown, and H and I sustained injuries to the Defendant’s vehicle, such as h and I suffered from each salvinal salt.
By April 23, 2015, the Plaintiff paid C KRW 701,740, H KRW 701,700, and KRW 762,460, and KRW 2,165,90 in total to G.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 13, Eul evidence 1 and video (including satisfy numbers), the purport of whole pleadings
2. The assertion and judgment
A. The parties asserted that the plaintiff, while the driver of the defendant vehicle was straighted in the fourth-lane prior to the right of way, provided the causes for the plaintiff vehicle that was driven behind by a sudden stop without any reason to repair the defendant vehicle. Since it is reasonable to deem such negligence to exceed 30%, the defendant, who is the insurer of the defendant vehicle, is obliged to pay 649,770 won, equivalent to the ratio of the defendant vehicle's fault, out of the insurance proceeds paid by the plaintiff to the plaintiff.
As to this, the Defendant is entirely responsible for the instant accident.