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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 vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with D vehicle (hereinafter “Defendant vehicle”).
B. On March 27, 2019, around 20:17, the Plaintiff’s vehicle driving along the two lanes near the northwest of the Songpa-gu Seoul E market, which led to the straw string distance, and the change of the two lanes from the three lanes on the front side to the two lanes, and then the Plaintiff’s vehicle was at the end of the stop for the left-hand turn.
(hereinafter referred to as “the instant accident”). C.
On May 2, 2019, the Plaintiff paid the total of KRW 1,215,260 (including KRW 200,000 of the self-paid premium) as the insurance money, such as the repair cost, etc. of the Plaintiff’s vehicle due to the instant accident.
【Fact-finding without dispute over the ground for recognition, Gap evidence 1 through 5, Eul evidence 1 through 7, and the purport of the whole pleadings
2. Determination
A. In light of the following circumstances that can be recognized by adding the evidence and the purport of the entire pleadings as mentioned above in the above basic facts, namely, at the time the change of the vehicle line from the third lane to the second lane of the road in this case was completed, the Plaintiff’s vehicle runs away without speed due to the failure to properly perform the duty of charging attention, and finds the vehicle late, and see the vehicle behind the Defendant’s vehicle, and even if the Defendant’s driver is obliged to pay attention not to impede the normal passage of the vehicle in the event of the change of the vehicle line, it seems that the accident in this case occurred due to the negligence of the Plaintiff’s vehicle and the Defendant’s vehicle in this case, and the rate is 70%:30%.