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Among the judgment of the first instance, the part against the plaintiff equivalent to the amount ordered to be paid additionally shall be revoked.
2.
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. On October 23, 2019, around 11:26, the Plaintiff’s vehicle driven the three-lane (hereinafter “instant road”). However, the Defendant’s vehicle, who attempted to enter the said three-lane on the right side of the direction at the right side of the road, was an accident attributable to the back of the Plaintiff’s right side (hereinafter “instant accident”).
C. On October 30, 2019, the Plaintiff paid KRW 1,126,700 as insurance money with respect to the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 7, video, purport of whole pleadings
2. Determination:
A. In full view of the following circumstances, (i) the Defendant’s driver who enters a right-hand road into a right-hand road, namely, ① the Defendant’s vehicle, having entered a right-hand road at a right-hand intersection, could have checked the movement of a right-hand motor vehicle, and have been in neglect of such duty of care; (ii) at the time of the instant accident, the Plaintiff’s vehicle was passing ahead of the Defendant’s vehicle; (iii) the Defendant’s vehicle was entering the right-hand road at the right-hand intersection; and (iv) the Defendant’s vehicle was waiting without any other vehicle driving ahead of the instant road until the instant accident, even though there was no other vehicle driving ahead of the instant three lanes; and therefore, it appears difficult for the Defendant’s driver, as the Plaintiff’s driver, in light of the circumstances leading up to the accident, the degree of collision and damage of the vehicle, the instant accident in question, and the instant vehicle.