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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to B vehicle (hereinafter “Defendant”).
B. On December 30, 2016, around 17:25, in the course of a change of the course, the Defendant’s vehicle, which was going to the left left at the third line in the direction of the third line in the south-dong, Seo-gu, Busan, Busan, had an accident of leaving the front part of the Plaintiff’s front part of the driver’s seat and the rear part of the Defendant’s vehicle (hereinafter “instant accident”).
C. On January 19, 2017, the Plaintiff paid the insurance proceeds of KRW 207,000, which deducts KRW 200,000 of the repair cost of the Plaintiff’s vehicle from KRW 407,000 due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 1 (including paper numbers) and the purport of the whole pleadings
2. The assertion and judgment
A. (1) Although the Plaintiff’s assertion is prohibited from changing the course of the instant accident within the intersection, the instant accident occurred due to the previous negligence of the Defendant’s driver of the Defendant’s vehicle who is overtaking the Plaintiff’s vehicle in the future and rapidly changed the course of the instant accident, the Defendant is obligated to pay the Plaintiff the insurance money of KRW 207,000 and damages for delay.
(2) The Defendant’s assertion that the instant accident occurred due to the Plaintiff’s total negligence on the part of the driver of the vehicle who collisioned the Defendant’s vehicle that had left the left at the second line while left the left and left the left at the second line. Therefore, there is no reason for the Plaintiff’s claim.
B. (1) When the driver of any motor vehicle intends to make a left turn at the intersection of the road, the driver of any motor vehicle shall proceed slowly along the center line of the road in advance and focus on the intersection.