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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
Reasons
1. Basic facts
가. 원고는 A 에스엠5 승용차(이하 ‘원고측 차량’이라 한다)에 관하여, 피고는 B 롤스로이스 팬텀 승용차(이하 ‘피고측 차량’이라 한다)에 관하여 각 자동차종합보험계약을 체결한 보험자이다.
B. At around 22:10 on June 17, 2013, C, while driving the Plaintiff’s vehicle and going to enter the front side of the E Hospital located in Gangnam-gu Seoul, to the front side of the E Hospital to the front side of the Plaintiff, conflict with the Defendant’s vehicle that was trying to enter from the above line to the back side road.
(hereinafter “instant accident”). The part of the collision is the fronter on the left side of the Plaintiff’s vehicle and the entrance before and after the left side of the Defendant’s vehicle.
C. On May 29, 2014, the Plaintiff paid KRW 17,600,000, out of KRW 22,000,000 for the repair cost of the Defendant’s vehicle to the Defendant on May 29, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 7, 11, 13, Eul evidence Nos. 2, 3 and 4 (including each number, if any)
2. The plaintiff asserts that the negligence of the driver of the defendant's vehicle who entered the side road beyond the median line is greater than that of the driver of the defendant's vehicle who entered the side road, while the defendant asserts that the above side road is a one-way road, and that the driver of the plaintiff's vehicle C is greater than that of the driver of the plaintiff's vehicle C, who
3. In full view of the reasoning of the evidence revealed earlier, the lower court’s determination was based on the following: (a) the back-road, the location of the instant accident site, is a one-way road that can only pass from the road to the road; (b) the Plaintiff’s side was driving along the side road to enter the road from the above side road to the road to the road; and (c) the Defendant’s side run the road from the road to the opposite side of the road to the opposite side of the road to the opposite side of the road.
In order to enter a side road which was located on the left side of the direction of the proceeding, the center line shall be the speed of the driving.