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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 an insurer who has concluded a comprehensive automobile insurance contract with respect to A and B (hereinafter “Plaintiff”) and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to C vehicle (hereinafter “Defendant vehicle”).
B. On September 27, 2015, while driving the Plaintiff’s vehicle and driving the Defendant’s vehicle on the backway in the direction of a grammatic direction (hereinafter “instant accident”) along the backway in which there is no central line marked on the west-to-west painting located in Yangyang-gun, Gyeonggi-do, the driver of the Defendant’s vehicle, driving on the side side of the driver’s seat of the Plaintiff vehicle, was in conflict with the other side of the direction (hereinafter “instant accident”).
C. The Plaintiff paid A the automobile repair cost of KRW 19,500,000.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 7, the purport of the whole pleadings
2. The parties' assertion
A. The road in which the instant accident occurred is narrow and the entire width of the road is so narrow that two vehicles are difficult to simultaneously walk, and the center line is not maintained.
Plaintiff
While the vehicle and the defendant vehicle are facing each other, they try to pass along the right side of the road in their own direction without being driven first, and among them, the driver of the plaintiff vehicle, who is the left side of the hand, conflict with the front part of the defendant vehicle.
The instant accident occurred by both negligence of the original Defendant, and the negligence of the Plaintiff vehicle shall be 51%, and the negligence of the Defendant vehicle shall be 49%.
B. At the time of the instant accident, at the time of the instant accident, the Defendant discovered the Plaintiff’s vehicle at a rapid speed from opposite letter, attached the Defendant vehicle to the right-hand side of the proceeding immediately, and waiting after stopping in a state where the rear wheels of the Defendant vehicle deviates from the packing road.
In this situation, the plaintiff's vehicle is going to the defendant's vehicle beyond the virtual center line, and the defendant's vehicle is demoted.