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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to A (hereinafter “Plaintiff”) and the Defendant is an insurer who has concluded an automobile insurance contract with respect to B (hereinafter “Defendant”).
B. On February 23, 2017, at around 15:00, the Plaintiff’s vehicle was in the right-way atmosphere to enter the road from the side road of the road where the side road and the side road are in the form of Twit-dong in Eunpyeong-gu Seoul Metropolitan Government.
After a locking, the Plaintiff’s vehicle entered the right-hand space of the Plaintiff’s vehicle in the atmosphere, and has shocked the front-hander and the left-hand side of the Defendant’s vehicle in the atmosphere.
(hereinafter referred to as “instant accident”). C.
The Plaintiff paid KRW 320,000 as the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 2, Eul evidence 1, 3, Eul evidence 1, 3 and 4, each video and the purport of the whole pleadings
2. Determination
A. The plaintiff asserts that the accident of this case occurred by entering the right side of the plaintiff's vehicle in the atmosphere, and the accident of this case occurred. The defendant asserted that the accident of this case occurred due to the whole negligence of the defendant's vehicle, while waiting at the center of the side side road, while waiting at the right side, the accident of this case occurred due to the main negligence of the plaintiff's vehicle that was made
B. The following circumstances, i.e., the front side road of the Plaintiff’s vehicle, which is a road in the form of a Twitter, can sufficiently be anticipated that the Plaintiff vehicle will move to the front side of the Plaintiff vehicle, and even if so, the Defendant vehicle attempted to move to the right side of the Plaintiff vehicle without waiting the right side of the Plaintiff’s vehicle, which is a front vehicle.