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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. Facts of recognition;
A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
나. 원고 차량은 2016. 11. 7. 20:37경 대구 달서구 본리동 본리네거리 편도 5차로의 2차로에서 1차로로 차선을 변경하면서 교차로에서 좌회전하려고 하던 중 좌회전 신호가 노란색으로 바뀌는 것을 보고 멈췄으나, 위 도로 1차로에서 뒤따라오던 피고 차량이 멈추지 않아 피고 차량의 조수석 앞 범퍼 부분으로 원고 차량의 뒤 범퍼부분을 충격하게 되었다
(hereinafter referred to as “instant accident”). C.
On November 29, 2016, the Plaintiff paid KRW 5,703,080 as insurance money for the repair cost of Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, 7 evidence, Eul evidence 1 to 6 (including branch numbers for those with serial numbers) and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) Although the Plaintiff’s vehicle stopped by reporting the stop signal at the intersection, the Defendant’s vehicle was speeded to the rear part of the Plaintiff’s vehicle, and the instant accident occurred by the total negligence of the Defendant vehicle. (ii) The Defendant’s vehicle changed its course from the real line section where the change of course is prohibited, and the instant accident occurred by negligence that caused the instant accident by not making a left turn at the first lane where the left turn is permitted, and at least the negligence of the Plaintiff’s vehicle constitutes 90%.
B. According to the above facts of recognition and each of the above evidence, the accident in this case begins in the point immediately preceding the intersection with the change of lanes, and does not complete the change of lanes until the stop section, and the negligence of the Plaintiff’s vehicle parked along the lane and the road in this case are an intersection with a signal, so the signal is confirmed and the traffic situation of the front line vehicle is good.