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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement with C and D private taxi (hereinafter “Plaintiff taxi”), and the Defendant is an insurer that entered into a comprehensive automobile insurance contract with E (hereinafter “Defendant”).
B. On July 19, 2018, around 13:20 on the 19th 13:20th Yandong-dong, Daejeon, the Plaintiff taxi, among the fourth-lane roads, was driving ahead of FF vehicles according to the two-lanes (hereinafter “non-party vehicles”), and the Defendant vehicle was driving along the three-lanes.
At the time, the cross-section signal was the straight-line signal of the car driving by the plaintiff taxi, and the automobiles waiting for the left-hand turn turn at the first lane.
C. The Defendant’s vehicle in the room section immediately before the entry into the intersection was changed in the front of the Nonparty’s vehicle and stopped on the front crosswalk at the intersection without any particular reason.
The non-party vehicle, which reported the stopping of the Defendant’s vehicle and was stopped by the Plaintiff taxi (hereinafter “instant accident”), left the taxi (hereinafter “instant accident”), and at the time, the signal to the intersection was still straight. D.
The plaintiff paid KRW 514,00 at the repair cost of the non-party vehicle.
[Ground of Recognition] Unsatisfy, entry of Gap 1, 2, 4, and 6 (including virtual numbers), Gap 3's video, the purport of the whole pleadings
2. The parties' assertion
A. Article 19(4) of the Road Traffic Act provides that the Plaintiff’s assertion may not make an urgent brake, such as sudden stop of the vehicle driving or reducing the speed of the vehicle, except in the case of preventing danger and other inevitable circumstances.
The instant accident occurred from the Defendant’s vehicle’s change of the vehicle in the intersection line and rapid operation without any justifiable reason, and the negligence of the Defendant’s driver who contributed to the instant accident is at least 50%.
The defendant is 50% of the amount paid by the plaintiff at the repair cost of the non-party vehicle.