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1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.
Reasons
1. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
On September 13, 2016, the Defendant’s vehicle entered the intersection along the straight distance and the left turn from one lane on September 13, 2016, when entering the intersection. On September 13, 2016, the Defendant’s vehicle followed the driver’s seat of the Plaintiff’s vehicle, which was left left at the two-lanes of the same direction, and then the part of the driver’s seat and the part that was cut back to the right edge of the Defendant’s vehicle.
On October 12, 2016, the Plaintiff paid KRW 1,041,00 of the insurance money to the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Evidence Nos. 1 through 6, Evidence Nos. 1 to 1, and the purport of the whole pleadings
2. Summary of both claims;
A. Since the instant accident occurred at the wind that the Defendant’s vehicle turns left at the right lane, the Plaintiff’s vehicle sought reimbursement equivalent to the total amount of the insurance money paid by the Plaintiff against the Defendant.
B. The defendant's vehicle has made a big turn to the left at the first lane, and the plaintiff's vehicle conflicts with each other while making a turn to the left at the second lane. Thus, the accident in this case occurred equally by the plaintiff's driver and the defendant's driver's negligence.
3. The following circumstances recognized by the evidence and the purport of the entire pleadings at the time of the above judgment, namely, ① the lane driven by the Defendant vehicle was one-lanes available for left-hand turn, ② the lane driven by the Plaintiff vehicle was two-lanes available for right-hand turn and left-hand turn, ② The Defendant vehicle appears to have not started the left-hand turn until the collision with the Plaintiff vehicle after entering the intersection at the one-lane. On the other hand, the vehicle is far from the white line leading to left-hand turn on the front side.