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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
The first instance court.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), with respect to the automobile D (hereinafter “Defendant vehicle”).
B. Around 19:50 on July 7, 2015, the driver of the Defendant vehicle stops in the same direction while driving a two-lane between the two-lanes in front of the Daejeon East-gu E-do, Daejeon, and sought to find the Plaintiff vehicle operating a U-turn in the two-lanes, and to avoid it to the safety site at the center of the road, but the front part of the Defendant vehicle was shocked on the left side of the Plaintiff vehicle.
(hereinafter referred to as “instant accident”). C.
By February 15, 2017, the Plaintiff paid the insurance proceeds as listed below to the driver and passenger of the Plaintiff’s vehicle in total F (the driver of the Plaintiff’s vehicle) 4,906,470,968,968,770150,000 G 11,025,025,240 G (the passenger of the Plaintiff’s vehicle) 16,780,343,430 16,510,510,210 H (the passenger of the Plaintiff’s vehicle) 14,260,970,970,806,050150,23,217,020.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 10, Eul evidence 1 to 5, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion asserts that the defendant's insurer of the defendant's vehicle is obligated to pay KRW 4,906,470 equivalent to the total medical expenses of F, a driver under the proviso of Article 3 (1) 2 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act. The plaintiff as joint tortfeasor is exempted from liability by paying the total insurance money to G and H. 3,972,723 won [(16,510,210 won 23,217,020 won) x 10%].
B. According to the above facts as to whether there was negligence of the Defendant’s vehicle on the occurrence of the instant accident, and the evidence revealed earlier, the instant accident is stopping on the two-lanes of the two-lanes, and the entire negligence of the Plaintiff’s vehicle seeking U-turns at the two-lanes.