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1. The judgment of the first instance, including the Plaintiff’s claim extended by this court, shall be modified as follows.
The defendant.
Reasons
1. Basic facts
A. From June 30, 2017 to June 30, 2018, the Plaintiff is an insurer that entered into an automobile insurance contract with C with respect to D vehicles (hereinafter “Plaintiff”).
B. On March 3, 2018, at around 01:37, the Defendant shocked the Plaintiff’s vehicle, which was left left at the right-hand intersection while driving on the Otobbane owned by the Defendant, while driving the Obane in front of the F Company in Changwon-si E with a blood alcohol concentration of 0.107% under the influence of alcohol concentration.
(hereinafter referred to as “instant accident”). C.
By December 31, 2018, the Plaintiff paid insurance proceeds of KRW 25,507,300 in total with the repair cost of the Plaintiff’s vehicle and the Defendant’s medical expenses incurred from the instant accident.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings
2. The assertion and judgment
A. The gist of the parties’ assertion is that the instant accident is a one-way road while under the influence of alcohol by the Defendant.
The defendant asserts that the whole negligence is based on the whole negligence of the defendant.
In this regard, the defendant asserts that the accident of this case occurred at night, but it is reasonable for the plaintiff's negligence because the accident of this case occurred from the night, but the transition of the front door and the left door and left door are difficult to be distinguished, and therefore, the plaintiff's negligence is reasonable.
B. In full view of the aforementioned evidence, the following circumstances, i.e., the instant accident, which the Defendant was under the influence of alcohol, is driving a one-way passage while under the influence of alcohol.
In light of the fact that the Plaintiff is expected to have the duty of care to take account of the right and the right and the right and the right and the right of the instant intersection, it is reasonable to deem that the instant accident was caused by the Defendant’s total negligence.
Thus, the defendant is entitled to KRW 25,507,300 against the plaintiff and the plaintiff as the plaintiff seeks after the date of the accident in this case.