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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who entered into an automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. Around September 9:25, 2017, the driver of the Defendant vehicle who suffered a traffic accident, driving along the two lanes of the three-lane road (hereinafter “instant road”) in front of the Koamamamama apartment at the time of Gyeonggi-do (hereinafter “instant road”) and changing the three-lane vehicle into the three-lane, without examining the movement of the vehicle running along the three-lane vehicle while changing the three-lane vehicle into the three-lane, the driver of the Defendant vehicle shocked the left-hand side of the Plaintiff vehicle into the front right-hand side of the Defendant vehicle.
(hereinafter referred to as “instant accident”). C.
On October 13, 2017, the Plaintiff paid KRW 4,117,000,000, including the repair cost of the Plaintiff’s vehicle, as insurance money for the instant accident.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 9, Eul evidence 1 to 3, satisfy, and the purport of whole pleadings
2. Summary of the parties' arguments;
A. The Plaintiff’s assertion that the instant accident occurred without confirming the progress of the surrounding vehicle in the section where the Defendant’s driver’s vehicle is not allowed to change the vehicle. As such, the Defendant is obliged to pay the insurance proceeds paid by the Plaintiff due to the instant accident.
B. On the day immediately before the occurrence of the instant accident alleged by the Defendant, the Plaintiff’s vehicle also attempted to change the vehicle from three lanes to two lanes, and the instant accident occurred between the Plaintiff’s vehicle and the Defendant’s vehicle seeking to change the course at the same time. Therefore, in determining the amount of indemnity, 50% of the negligence of the Plaintiff’s driver should be taken into account.
3. Determination
A. Comprehensively taking account of the overall purport of the arguments in the evidence before determining the cause of the claim, the instant road is in white lines when crossing the intersection.