Text
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.
2...
Reasons
1. Basic facts
A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”). The Defendant is an insurer that entered into a comprehensive automobile insurance contract with the Defendant’s vehicle DOba (hereinafter “Defendant”).
B. Around 10:07 on July 9, 2018, the Defendant’s vehicle was driving with a 86-lane alley-dong, Gangnam-gu, Seoul, by straightening the alley-dong, Gangnam-gu, Seoul. On the other hand, the part of the Plaintiff’s driver’s seat entering the right runway and straightening from the right runway to the right edge of the Defendant vehicle was shocked with the right edge of the Defendant vehicle.
(hereinafter referred to as “instant accident”). C.
On July 25, 2018, the Plaintiff paid KRW 1,650,000, which deducts the Plaintiff’s self-charges of KRW 500,000 from the repair cost of the Plaintiff’s vehicle as mutual aid.
[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 3 and the purport of the whole pleadings
2. Judgment on the plaintiff's claim for reimbursement
A. The following circumstances, which can be acknowledged by comprehensively taking account of the evidence and the purport of the entire pleadings as revealed earlier of the above recognition of the negligence ratio, namely, the driver of the Defendant vehicle, who was the driver of the Defendant vehicle, should have driven safely by such means as putting on the front side and reducing the speed in advance to prepare for the vehicle entering the Sam-distance Intersection, and as a result, the failure to take such measures would lead to the left side but could not avoid any collision with the Plaintiff vehicle. On the other hand, as the driver of the Plaintiff vehicle who was the driver of the vehicle bypassing to the straight distance intersection, even if he was the driver of the Plaintiff vehicle moving to the straight distance intersection, by checking the safety of the course by taking account of the situation of the accident, the collision level, the degree of damage, the degree of damage, and the fact that the Defendant vehicle is a small-sized off-road driver, etc., the instant accident occurred by competition between the Plaintiff vehicle and the Defendant vehicle by negligence.
(2) The ratio shall be ....