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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance 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 A car (hereinafter “Plaintiff”), and the Defendant is a mutual aid business operator with respect to route buses No. B 3700 (hereinafter “Defendant vehicle”).
B. On July 30, 2014, around 16:05, there was an accident that conflicts between the rear fences of the driver’s seat on the side of the Plaintiff’s vehicle, which was driven along the two-lanes on the two-lanes among the three-lane roads of 390-14, Nam-gu, Incheon Metropolitan City (hereinafter “instant accident”).
C. By September 16, 2014, the Plaintiff paid KRW 1,770,320 to C, who was on board the Plaintiff’s vehicle, with medical expenses and agreed money, KRW 1,763,040 as medical expenses and agreed money, KRW 1,771,270 as medical expenses and agreed money to E, and KRW 678,00 as the repair cost of the Plaintiff vehicle.
[Reasons for Recognition] The Evidence Nos. 1 to 7, and Nos. 1 and 2
2. Summary of the parties' arguments
A. The instant accident is an accident caused by the unilateral negligence of the Defendant’s vehicle, as the Plaintiff’s vehicle followed by the Defendant’s vehicle while signaling at the two-lanes. The instant accident is an accident that occurred.
Therefore, the defendant is obligated to pay the amount of damages that the plaintiff paid to the plaintiff.
B. While the Defendant’s vehicle driving along a normal lane, the Plaintiff’s vehicle obstructed the course of the Defendant’s vehicle from the two-lane to the one-lane, and caused the instant accident while changing the lane.
Therefore, even if there is no fault in the defendant vehicle, it should be limited to 30%.
3. Determination
A. In light of the following circumstances, the evidence presented by the Plaintiff alone is insufficient to acknowledge that the instant accident occurred due to the unilateral negligence of Defendant 1, as alleged by the Plaintiff, in light of the following circumstances: (a) evidence Nos. 1 through 5, and evidence Nos. 2 and the overall purport of the pleadings.