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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with the owner of A New EM motor vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract with BF motor vehicle (hereinafter “Defendant”) owner.
B. On October 29, 2016, around 11:45, in Geumcheon-gu Seoul Metropolitan Government, an accident that conflict between the Plaintiff’s vehicle and the Defendant’s vehicle (hereinafter “instant accident”) occurred at a Y-type Intersection with the Y-type Intersection that does not have a signal, etc. on the end-distance distance of 88-gil-ro, Geumcheon-gu, Geumcheon-gu, Seoul. On November 4, 2016, the Plaintiff paid the insurance money of KRW 242,00 at the repair cost
[Grounds for recognition] The items of evidence Nos. 1 and 7 and the purport of the whole pleadings.
2. The plaintiff asserted that the accident in this case occurred due to the negligence of the plaintiff's vehicle shocking the plaintiff's vehicle while failing to discover the plaintiff's vehicle in which the accident in this case was stopped and making a left-hand turn close to the Gap-on, the defendant asserts that the accident in this case occurred due to the negligence of the plaintiff's vehicle shocking the defendant's vehicle, which was stopped at the intersection, and that the negligence of the plaintiff's vehicle reaches 70%.
3. Determination
A. In light of the following circumstances, the instant accident was caused by the negligence of the Plaintiff’s driver and the Defendant’s driver, and the negligence of the Plaintiff’s driver and the Defendant’s driver constitutes 50%, respectively, in view of the respective descriptions and videos of the Plaintiff’s 1, 4, 5, 6, and 1 through 7, and the overall purport of the pleadings.
(1) When intending to enter an intersection in which traffic is not controlled, when there is another vehicle already entering the intersection, it shall yield the course to the other vehicle, and when intending to enter the intersection at the same time, intending to yield the course to the right-hand road, and the driver of the vehicle intending to make a left-hand turn to the right-hand turn shall proceed directly from