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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).
B. On June 16, 2019, at around 14:57, the Plaintiff’s vehicle was crossing the four-lane of the four-lane road in front of Seongbuk-gu Seoul, Seongbuk-do, Seoul, in the direction of the climatic distance from the climatic distance to the direction of the road.
However, in order for the defendant vehicle to enter a four-lane direction from the right side of the front side of the ambrostal road, it caused an accident that conflicts with the back side of the plaintiff vehicle with the front part of the left side.
(hereinafter referred to as “instant accident”). C.
On August 7, 2019, the Plaintiff paid KRW 326,210,00, excluding KRW 200,000 as the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 6, 7, 8, Eul evidence or video evidence 1 to 7, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion that the instant accident occurred due to the collision between the Plaintiff and the Defendant’s vehicle going through the intersection while attempting to make a right-hand way in an unreasonable manner, and that the collision occurred due to the total fault of the Defendant vehicle.
B. The Defendant’s assertion that the instant accident occurred in the instant case is driving the Plaintiff’s vehicle into three lanes on the side of the fourth lane, and the Plaintiff’s vehicle was trying to rapidly change the lane into four lanes, and is driving without speed or concession, even though it was possible for the Plaintiff to discover the movement of the Defendant vehicle.
As a result, there is a principal negligence on the plaintiff vehicle.
C. The following circumstances acknowledged in addition to the purport of the entire argument as seen earlier, namely, ① the instant accident occurred while the Plaintiff’s vehicle driving in the three-lanes, changing the course to four-lanes after the end of the car death, and ② the Defendant’s vehicle at that time is the same as the vehicle that runs ahead of it to the right side.