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1. The part of the judgment of the court of first instance against the plaintiff ordering payment is revoked.
The defendant shall make the plaintiff 1,128.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).
B. On August 5, 2018, around 14:03, the Plaintiff’s vehicle at the front intersection in Eunpyeong-gu Seoul Metropolitan Government E was at the right turn in the direction of F, and the Defendant vehicle was at the right turn in the direction of F, and shocked between the intersection while the vehicle was at the right turn in the direction of F
(hereinafter referred to as “instant accident”)
C. Until August 23, 2018, the Plaintiff paid KRW 1,974,00,000, excluding KRW 846,000, for the Plaintiff’s repair expenses incurred due to the instant accident.
The first instance court recognized the fault ratio of the Plaintiff’s vehicle and the Defendant’s vehicle as 7:3.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 1 to 4, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserted that the accident in this case occurred by a unilateral negligence that occurred without yielding to the plaintiff's vehicle moving to the left at the right-hand turn while moving to the right-hand turn at the two-lanes other than the right-hand lane among the three-lane roads, even though the plaintiff's vehicle proceeded to the left-hand turn.
In regard to this, the defendant asserts that the accident of this case was caused by the confusion of the intersection by many vehicles on the front side of the plaintiff vehicle, but it was unreasonable to enter the intersection, and that the fault ratio of the plaintiff vehicle is appropriate as in the judgment of the court of first instance, as in the process of leaving the right space of the preceding vehicle into the front side space.
(b) Where a driver of any motor vehicle intends to make a right-hand side at the intersection, he/she shall proceed slowly to the right-hand side of the road in advance;
In such cases, the driver of a bypassing vehicle shall be new.