beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with D vehicle (hereinafter “Defendant”).
B. On September 20, 2018, around 10:30, there was an accident in which the part of the lower part of the lower part of the lower part of the Plaintiff’s driver’s seat and the part of the lower part of the lower part of the Defendant’s vehicle, which turn to the left on the left side of the direction of the Plaintiff’s driving vehicle, are conflicting (hereinafter “instant accident”).
C. On October 22, 2018, the Plaintiff paid the insurance proceeds of KRW 376,000, which deducts KRW 200,000 of the self-paid cost, out of KRW 576,000 for the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4 through 9, Eul evidence 2, and the purport of the whole pleadings
2. Determination
A. The plaintiff asserts that the accident in this case occurred due to Defendant vehicle's failure to temporarily stop and due to Defendant vehicle's failure to perform his duty of care at the intersection, and that the accident in this case occurred due to Defendant vehicle's total negligence.
In this regard, the defendant asserts that since both the plaintiff's vehicle and the defendant's vehicle were entering the intersection, the plaintiff's vehicle driving at a rapid speed without considering the possibility of passing the left-hand vehicle should be recognized at least 20% of the negligence.
B. (1) In light of the circumstances leading up to the occurrence of the instant accident and the location of each vehicle and the degree of collision, etc., known by the evidence revealed prior to the occurrence of the liability for damages, the instant accident is likely to interfere with the normal passage of other vehicles by driving slowly or temporarily stopping the vehicle prior to the left turn, when intending to turn to the left on the road in the shape of a T-Person of the underground parking lot.