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1. The Defendant’s KRW 9,233,250 with respect to the Plaintiff and KRW 5% per annum from October 18, 2017 to April 18, 2019.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with D Vehicle (hereinafter “Defendant Vehicle”).
B. On September 25, 2017, around 07:30, the Plaintiff’s vehicle: (a) opened a three-lane from the Jangcheon-si, Yangcheon-si to the front line (hereinafter “lined vehicle”) at the entrance of the front line at the entrance of the intersection; (b) changed the vehicle from the front line to the two-lane in order to avoid collision with the front line; and (c) conflict with the Defendant’s vehicle at the right-free left-hand left-hand turn in the front line on the opposite road.
(hereinafter referred to as “instant accident”). At the time, signals, etc. were sent directly to the direction of the Plaintiff’s driving and opposing direction of the Plaintiff’s vehicle.
C. On October 17, 2017, the Plaintiff paid 54,111,000 won (i.e., the value of the Plaintiff’s vehicle 59,800,000 won - the value of the remainder 5,970,000 won) to the insured of the Plaintiff’s vehicle.
The Defendant paid the Plaintiff KRW 21,00,000,000 on August 29, 2018, and the sum of KRW 13,000,000 on November 15, 2018, and KRW 21,00,00,000 on November 14, 2018. On November 14, 2018, the Plaintiff and the above amount of KRW 21,00,000 for indemnity were deducted from the principal of indemnity, and the Defendant agreed to settle each other according to the results of the instant judgment in the future.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 13, Eul evidence 2 to 3 (including each number in the case of additional evidence) and the purport of the whole pleadings
2. The parties' assertion
A. The Defendant vehicle asserted by the Plaintiff cannot make a left-hand turn when there is a vehicle in the right-hand side on the opposite road. However, the Defendant vehicle’s left-hand turn without disregarding the prior vehicle to enter the intersection, and the Plaintiff vehicle was left-hand at the left-hand turn while driving on the two-lane by avoiding the prior vehicle.