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1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) shall be revoked, and that part shall be revoked.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
The Plaintiff is an insurer who has concluded each comprehensive automobile insurance contract with respect to the Plaintiff’s vehicle B (hereinafter “Plaintiff’s vehicle”), with respect to the Defendant’s vehicle C (hereinafter “Defendant’s vehicle”).
Plaintiff
Around 21:00 on August 27, 2016, when the vehicle has left the left at a T-type T-type T-type Intersection near the Suwon bus terminal located in Suwon-gu, Suwon-si, the vehicle was shocked by the left side of the Defendant vehicle, which was left in the direction of the left side of the Plaintiff’s vehicle, following the left side of the Plaintiff’s vehicle, to the front side of the Plaintiff’s right side.
(hereinafter “instant accident”). In relation to the instant accident, on September 8, 2016, the Plaintiff paid insurance proceeds of KRW 422,054 (including KRW 200,000 of the Plaintiff’s driver’s own share) for the repair cost of the Plaintiff’s vehicle. By September 28, 2016, the Defendant paid the insurance proceeds of KRW 953,000 (including KRW 200,000 of the Defendant’s driver’s own share) including the repair cost of the Defendant vehicle.
[Based on the fact that there is no dispute, Gap's evidence Nos. 1 through 4, Eul's evidence Nos. 1 through 13 (including the number of pages), the entire purport of the pleading, and the above facts revealed in the above facts of recognition as to the claim of the main claim for the main claim of the lawsuit. In other words, although the plaintiff's driver must temporarily stop the vehicle prior to left-hand turn and move to the right-hand turn, the plaintiff's driver's failure to go to go to the moving direction of the defendant's vehicle and go to the moving direction of the defendant's vehicle, and the defendant's driver also went to the right-hand turn to the moving direction of the defendant's vehicle by means of reduction of speed or concession of course at the intersection, but directly go to the intersection, the accident in this case conflicts with the defendant's driver's negligence, who violated the plaintiff's main duty of safe driving by negligence.