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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. On July 6, 2017, around 17:38, the Defendant’s vehicle proceeded with one lane at the bottom of the west-ro west-ro in Yangsan-si, Yangsan-si, in order to turn to the left at the two-lane from the same direction, the Defendant’s vehicle caused an accident that shocks the left side of the Plaintiff’s vehicle entering the front side of the Defendant’s vehicle into the front part of the Defendant’s vehicle (hereinafter “instant accident”).
C. The first lane that the Defendant’s vehicle proceeded before entering the intersection is the left turn, and the second lane that the Plaintiff’s vehicle proceeds is the right turn and the left turn turn.
The defendant's vehicle entered the intersection without making a left-hand turn using the center inside the intersection, unlike the preceding one-lane vehicle. D.
On July 17, 2017, the Plaintiff paid KRW 468,070 as insurance money.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence Nos. 5, 6, Eul evidence Nos. 1, 3 through 5 (including paper numbers) and the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above recognition of the liability for damages, the defendant's vehicle entered the intersection at the first lane, which is the right-hand left-hand turn, and is recognized to have caused the accident of this case by negligence that occurred without making a left-hand turn at the center of the intersection, and thus, the defendant is liable to compensate for the damages incurred to the plaintiff's vehicle due to the accident of this case.
B. Limit of liability: (a) the Plaintiff’s vehicle did not fully secure a turn left at a two-lane and failed to turn left at a one-lane; and (b) the negligence of the Plaintiff’s driver is also the cause of the occurrence and expansion of the damage caused by the instant accident.