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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The Plaintiff is the insurer who entered into an automobile insurance contract with the D vehicle owned by C (hereinafter “Plaintiff”), and the Defendant is the insurer who entered into an automobile insurance contract with the F vehicle owned by the E company (hereinafter “Defendant vehicle”).
B. On May 8, 2017, around 18:55, the Defendant’s vehicle driving along a two-lane between the two-lanes in the vicinity of the valley, Seocheon-si Station, Seocheon-si (hereinafter “instant accident”) caused a collision between the following two lanes of the Plaintiff’s vehicle, where the Defendant’s vehicle driving along a two-lanes in the two-lanes between the two-lanes along the right side side and the three-lanes from the three-lane to the one-lanes (hereinafter “instant accident”).
C. The Plaintiff paid KRW 1,100,00 in total, and KRW 1,989,980 in total, and KRW 1,989,980 in total, as agreed upon, the Plaintiff’s total loss incurred in the Plaintiff’s vehicle due to the instant accident, and KRW 1,989,980 in total.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. The assertion and judgment
A. Although the allegation that the accident in this case occurred without discovering the plaintiff's vehicle that is going on the front side and the right side while driving a motor vehicle, it is reasonable to view that the ratio of the defendant's vehicle's liability is 60%, since it is reasonable to view that the defendant's vehicle's liability ratio is 1,193,980 won and damages for delay corresponding to the ratio of liability (60%) out of the insurance money paid by the plaintiff who acquired the right to indemnity in accordance with the insurer subrogation doctrine under Article 682 of the Commercial Act, should be paid to the plaintiff who received the right to indemnity in this case.
B. (1) Article 19(3) of the Road Traffic Act provides that “All drivers of vehicles shall not change their course when it is likely to impede normal traffic of other vehicles running in the direction to which they intend to change their course.”