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1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount ordered below.
Reasons
1. The circumstances leading to the instant accident are as follows.
At the time of the accident, the insured vehicle (hereinafter referred to as "Plaintiff vehicle") shall be the insured vehicle.
Defendant-backed vehicle (hereinafter referred to as “Defendant-paid vehicle”).
C On November 12, 2018, around 17:10 on November 12, 2018, at the place of Jongno-gu Seoul Jongno-gu, access to a private distance intersection through two-lanes, a straight line in the situation of the shooting distance accidents in the Fcho-gun, Jongno-gu, Seoul, and then tried to turn to the left, the front part of the Plaintiff’s vehicle and the front part of the Plaintiff’s vehicle, which was tried to turn to the private distance intersection through a one-lane, which is the one-lane prior to the non-protective Zone, and the front part of the Defendant’s vehicle, who was straight back, after entering the private distance intersection, was paid the insurance money to the right side of the Defendant’s vehicle (hereinafter “instant accident”), the fact that there is no dispute on the damage to the secured self-owned vehicle [based on recognition], Gap’s evidence No. 2 through 4, Eul’s each statement or video, and the purport of the entire pleadings, as a whole.
2. Determination
A. According to the above evidence, the driver's negligence ratio of the plaintiff vehicle and the driver of the defendant vehicle entered the intersection through a one-lane left-hand left-hand turn, and the accident of this case occurred due to the negligence of the driver of the defendant vehicle who was directly engaged in the accident. Thus, it is reasonable to deem that the accident of this case occurred due to the principal negligence of the driver
However, the driver of the plaintiff vehicle enters the intersection with the left wheels of the plaintiff vehicle and changes the course to the left side for left-hand turn on the lane between the one-lane and the two-lane, which is a non-protective left-hand left-hand turn.
The accident of this case occurred. The driver's negligence of the plaintiff driver who changed the course of the vehicle without properly examining the progress of the defendant vehicle was also causing the occurrence and expansion of the accident of this case.
I would like to say.
In light of the circumstances, etc. of the instant accident, it is reasonable to 30% of the negligence of the Plaintiff vehicle and 70% of the negligence of the Defendant vehicle in the instant accident.
B. Accordingly, according to the theory of lawsuit, the Defendant’s indemnity amounting to KRW 1,312,50 ( KRW 1,875,000 x 70%) and KRW 1,312,500.