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1. The Defendant’s KRW 25,628,00 as well as the Plaintiff’s KRW 5% per annum from October 28, 2015 to June 28, 2016, and the following.
Reasons
1. Facts of recognition;
A. At around 15:20 on October 12, 2015, A driven a B projected vehicle (hereinafter referred to as “Defendant vehicle”) and driven a road near the full-speed road in the direction of the safe-speed speed from the safe-side to the right side of the road at the speed of 60 kilometers per two lanes from the right side of the road at the right side of the road, and the front part of the Defendant vehicle and the front part of the Plaintiff vehicle conflict with the front part of the vehicle, while entering the said intersection without reducing the speed even if they turned into the said intersection and passing through the intersection without reducing the speed.
(hereinafter “instant accident”). (b)
Until October 27, 2015, the Plaintiff, as an insurer that entered into an automobile insurance contract with respect to the Plaintiff, paid 6,5910,000 won remaining after deducting the sales price of the Plaintiff’s vehicle destroyed by KRW 94.5 million from the new value of the Plaintiff’s vehicle from the purchase price of the Plaintiff’s vehicle, which was destroyed by KRW 94.5,50,000,000,000 for the repair cost of the Plaintiff’s vehicle due to the instant accident.
C. The defendant is an insurer who has concluded an automobile insurance contract with respect to the defendant vehicle.
[Ground for Recognition: Facts without dispute, entries or images of Gap's evidence 1 through 10 (including each branch number in the case of additional number), and the purport of whole pleadings]
2. Determination
A. The plaintiff's vehicle that intends to enter the intersection to pass through the intersection by passing the intersection as signals, such as yellow fluority of the fault ratio, from the intersection, after checking that there is no risk of the accident by completely stopping or slowly examining the left and the right of the intersection before entering the intersection, and passing the intersection safely by passing through the intersection. In particular, there is a vehicle that intends to enter the intersection in the intersection.