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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 499,000 on August 4, 2018.
Reasons
Basic Facts
The Plaintiff is an insurer who has entered into an automobile insurance contract with C (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with D vehicle (hereinafter “Defendant vehicle”).
Plaintiff
On July 5, 2018, around 15:30 on July 15, 2018, the vehicle was shocked with the Defendant’s vehicle that was in the first lane while departing from the second lane of the intersection in the vicinity of the Daejeon East-gu Daejeon E Bank.
(hereinafter “instant accident”). On August 3, 2018, the Plaintiff paid KRW 998,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Grounds for recognition] The plaintiff's assertion of the decision-making party of the ratio of negligence to the purport of Gap's evidence Nos. 1 and 3 as a whole, is an accident in which the plaintiff's vehicle was invaded by the defendant's vehicle with the two lanes in normal driving, and thus, the accident in this case occurred by the defendant's unilateral negligence. On the contrary, the defendant asserts that the plaintiff's vehicle is an accident in which the plaintiff's vehicle was invaded by the vehicle.
Judgment
According to the evidence mentioned above and the statements and images of Gap evidence Nos. 4 and 5, the plaintiff's vehicle and the defendant's vehicle are fencesd in front of the left side of the plaintiff's vehicle, and they are shocked with each other. At the location where the accident in this case occurred, both the plaintiff's vehicle and the defendant's vehicle shall walk in the direction of 2: Provided, That the plaintiff's vehicle was in the outside side of the plaintiff's vehicle; immediately after the accident in this case, the plaintiff's vehicle has contacted with the steel structure on the right side of the plaintiff's vehicle.
① However, it is difficult to recognize the fact that the instant accident occurred due to the failure of the Plaintiff’s vehicle solely by the foregoing recognition, and there is no other evidence to determine whether the instant accident occurred due to the negligence of the Plaintiff’s vehicle, and ② the left-hand side of the Plaintiff’s vehicle.