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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
1..
Reasons
1. The circumstances leading up to the instant accident are as follows.
On October 5, 2018 at the time of the accident, the insured vehicle C (hereinafter “Plaintiff”) of the Defendant Insured Vehicle D (hereinafter “Defendant Vehicle”) of the Plaintiff insured vehicle at the time of the accident, and around October 22:19, 2018 at the time of the accident, the Plaintiff paid KRW 2,30,00 (the amount obtained by deducting KRW 500,000 from the repair cost) (which is the ground for recognition) KRW 2,30,00 of the insurance proceeds for the collision between the left side of the Plaintiff’s vehicle and the left side of the Defendant vehicle (the amount obtained by deducting KRW 500,00,00 from the self-paid cost) (the ground for recognition), the entry in subparagraphs 1 through 8, subparagraphs 1 through 3, and 1 through 3, and the purport of the entire pleadings and the purport of the entire pleadings.
2. Determination
A. According to the evidence as seen earlier, the accident occurred at the time of the accident, so it was very limited that the view was set at the time of the accident, and the point at which the accident occurred is a bend one lane. Thus, in order for the original Defendant to safely walk, it was necessary to drive away from each other’s median line or temporarily stop.
Nevertheless, all of the original Defendant vehicles are driving ahead of the median line or over the median line without temporarily suspending or sufficiently accelerating;
The conflict seems to have occurred.
Therefore, the accident of this case can be evaluated as being caused by the negligence of the driver of the original defendant vehicle.
In addition, considering the fact that the defendant vehicle appears to be on the median side than the plaintiff vehicle when based on the plaintiff vehicle's black image, the ratio of the driver's and the driver's negligence of the plaintiff vehicle shall be 30%: 70%.
B. The insurance money paid by the Plaintiff for indemnity was paid on the basis of the security for self-vehicle damage, and the security for self-vehicle damage has the nature of a quid pro quo of the insurance premium paid to the insurer by the time against the occurrence of the insurance accident.