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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 has entered into an automobile insurance contract with A in connection with its owner’s B vehicle (hereinafter “Plaintiff’s vehicle”), and the Defendant is a mutual aid association which entered into a mutual aid agreement for liability for damages caused by car accidents with respect to the C cab vehicle (hereinafter “Defendant’s vehicle”).
B. On November 26, 2015, the Plaintiff paid the insurance proceeds of KRW 1,096,760 to A, the insured, at the cost of repairing the Plaintiff’s vehicle due to the instant accident (hereinafter “instant accident”).
On November 3, 2015: A place of 08:00 p.m. 08: Around November 3, 2015: The driver of the Plaintiff’s vehicle driving three lanes to enter the right-hand road directly connected to the fourth lane after changing the vehicle from the second lane to the third lane of the road that is the fourth lane in the temporary border. The said three lanes are not allowed. The Defendant’s vehicle enters the third lane immediately before the Plaintiff’s vehicle enters the third lane and turn on the left-hand direction of the vehicle. In such a case, the Plaintiff’s driver is trying to change the fourth lane prior to the right-hand lane, the right-hand lane, and drive the vehicle without impeding the driving of the other vehicle by checking the situation of the vehicle that the Plaintiff’s driver intends to enter the fourth lane, and then temporarily finds the vehicle that is the right-hand side of the vehicle, and without preventing the accident, the driver of the Plaintiff’s vehicle without any duty of due care in the right-hand side of the vehicle.