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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
The purport of the claim and the purport of the appeal.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the automobile owned D (hereinafter “Plaintiff”) and the Defendant is an insurer who has concluded an automobile insurance contract with respect to the E-wheeled Vehicle (hereinafter “Defendant”).
B. Around August 19, 2019, the Plaintiff’s driver, while driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle at the intersection near Dongdaemun-gu Seoul Metropolitan Government, was an accident involving the Defendant’s vehicle going ahead to the right space of the Plaintiff’s vehicle (hereinafter “instant accident”).
(c)
On October 14, 2019, the Plaintiff paid KRW 410,000,00, excluding KRW 200,000, at the repair cost of the Plaintiff’s vehicle.
[Grounds for Recognition] Unsatisfy, Gap's statements and images, and the purport of whole pleadings
2. The assertion and judgment
A. The instant accident occurred when the Defendant’s vehicle, who was followed by the Plaintiff’s vehicle, was on-and-off and slowly proceeding with a direction directioner for the right-hand line, was left ahead of the Plaintiff’s vehicle in a narrow right-hand space. The Plaintiff’s driver could not expect or avoid the accident.
B) Therefore, the instant accident occurred by one and the room of the Defendant’s driver. Therefore, the Defendant is obligated to pay KRW 410,000 to the Plaintiff who acquired the Plaintiff’s right to claim damages on behalf of the Plaintiff’s owner against the Defendant.
2) The Defendant’s assertion that the instant accident occurred by the Plaintiff’s vehicle that did not turn on the direction of the direction and caused an unreasonable bypassing the speed without delaying the direction. As such, the Plaintiff’s driver was at fault of 20%.
B. 1) In light of the following facts and circumstances, which can be recognized by comprehensively considering the overall purport of the pleadings, the instant accident is deemed to have occurred in the descriptions and images of Gap evidence Nos. 1 through 5.