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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.The following facts may be found either in dispute between the parties or in combination with the purpose of the entire pleadings on the statements or images described in Gap evidence 1 to 3, Eul evidence 1 and Eul evidence 3-5:
With respect to Ai30 Passenger Vehicles (hereinafter referred to as the “Plaintiff”), the Defendant is the insurer who has concluded each comprehensive automobile insurance contract with respect to B/L car (hereinafter referred to as the “Defendant”).
B. Around 19:30 on February 8, 2014, the driver of the Defendant’s vehicle proceeded along the two-lanes of the Defendant’s vehicle along the intersection (hereinafter in this case, referred to as the “road”) along the two-lanes of the front side of the Defendant’s vehicle, while changing the two-lanes into the two-lanes of rubber or plastic material, the part of the Plaintiff’s left side of the Defendant’s vehicle, which proceeded along the two-lanes of the instant road, into the front side of the right side of the Defendant’s vehicle, following the quarantine work on the first lane.
(hereinafter referred to as the “instant accident”). C.
By May 13, 2014, the Plaintiff paid KRW 1,709,610,00 as insurance money to C and D (hereinafter collectively referred to as “the winners”) who were on board the Plaintiff’s vehicle at the time of the instant accident.
2. Assertion and determination
A. The plaintiff's assertion 1) The accident of this case occurred in the course of changing the lane on the road of this case by the defendant vehicle's negligence between the plaintiff's driver's negligence and the defendant's driver's negligence. The fault ratio between the plaintiff's driver's and the defendant's driver's negligence on the occurrence of the accident of this case is about 30:70. Thus, the defendant, the insurer of the defendant vehicle, is 1,196,720 won (i.e., 1,709,610 won (=1,709,610 won) paid to the plaintiff who is the insurer of the plaintiff vehicle, to the plaintiff.