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1. Of the judgment of the court of first instance, KRW 1,037,341 against the Plaintiff and the Plaintiff’s objection thereto from March 29, 2018 to June 12, 2019.
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 an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).
B. On March 14, 2018, around 09:41, the Plaintiff’s vehicle entered a four-lane to three-lane on the roads near the Yandong-dong, Namdong-gu, Incheon. The Defendant’s vehicle entered the two-lane to three-lanes. From the three-lane to the right side of the Defendant’s vehicle, the Plaintiff’s vehicle shocked one-lane on the front side of the Defendant’s vehicle, and the Defendant’s vehicle shocked two-lanes on the back end of the Plaintiff’s vehicle (hereinafter “instant accident”).
C. On March 28, 2018, the Plaintiff paid KRW 1,567,630,000 for the repair cost of the Plaintiff’s vehicle, except for KRW 200,000,000.
[Ground of recognition] Facts without dispute, Gap's statements, Gap's 1 through 6, 9, 10 evidence, Eul's 1 through 3 (including each number), the video, and the purport of the whole pleadings
2. Determination
A. Comprehensively taking account of the evidence and the purport of the entire argument, the following can be acknowledged: (a) at the time the Plaintiff’s vehicle starts entering the four-lane to three-lanes, the Defendant vehicle was located front of the direction of the Plaintiff vehicle; (b) the Plaintiff vehicle driver could have verified the location of the Defendant vehicle; (c) the Defendant vehicle driver operated the direction of the right-hand side without any movement to enter the three-lanes; and (c) the Plaintiff vehicle driver entered the three-lanes and entered the two-lanes, and later, the Defendant vehicle driver entered the three-lanes and entered the two-lanes, and later, the Defendant vehicle driver entered the three-lanes, and the instant accident occurred.
Taking account of all the circumstances, such as the occurrence of the instant accident and shocking parts, etc., the background leading up to the instant accident.