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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
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. At around 17:00 on September 16, 2018, the Defendant’s vehicle operated the front road E on the side of the Eductic road from the direction of Educi Intersection to the two-lane, and went to the left at the intersection where traffic is not controlled by signal apparatus, and the front part of the Plaintiff’s vehicle in the direction of Educi Intersection from the direction of Educi Intersection to the right side of the Defendant’s vehicle, which turned to the front part of the Plaintiff’s vehicle in the two-lane from the direction of Edui Intersection to the right side of the Defendant’s vehicle.
(hereinafter referred to as “instant accident”). C.
From October 10, 2018 to December 27, 2018, the Plaintiff paid KRW 1,328,380,634,260,40, and KRW 408,010, respectively, to the winners of the Plaintiff’s vehicle for each of the agreed amount and treatment expenses, and KRW 3810,000,000,000 to the owner of the Plaintiff’s vehicle, in accordance with the special agreement on the security for self-motor vehicle damage, with the total of KRW 6,180,650,00,000,000,00
[Ground of Recognition] Facts without dispute; Gap evidence Nos. 1, 2, 4, 6, 7, 10; Gap evidence No. 11-1, 3, 4, 5; Eul evidence Nos. 2 and 3; Gap evidence Nos. 3 and 5; Gap evidence No. 11-2; the purport of the whole pleadings;
2. Determination
A. In full view of all the circumstances that can be recognized by the aforementioned evidence, such as the fact that the Defendant’s vehicle entered the intersection rather than the Plaintiff’s vehicle in light of the degree of collision and the place of collision, but it is difficult to deem that the left or right-hand turn was completed at the time of the instant accident, the instant accident overlaps with the Defendant’s driver who neglected to take care of the Plaintiff’s fault and the surrounding traffic situation and left-hand turn without thoroughly examining the situation of the traffic.