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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is the owner of B vehicle (hereinafter “Defendant vehicle”).
B. On January 31, 2015, at around 18:00, the Defendant’s vehicle entered a five-lane to four-lane in the middle of the end rock distance in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, at the location that combines the two-lanes of the Plaintiff’s vehicle into the five-lanes, and the Defendant’s vehicle, who opened the four-lanes, turned the front side of the back side of the Plaintiff’s vehicle’s crime into the front side of the Defendant vehicle’s right-hand part.
(hereinafter “instant accident”). C.
The road at the point of accident in this case is a road that runs from the intersection of the Neambandong to the intersection of the monthly valley and the intersection of the sexual intersection (internal circulation road), and the two-lanes have been installed at the center of the four-lanes and the two-lanes have been expanded to the center, and if the bus stops pass, the other four-lanes will be reduced again.
However, prior to the increase of one lane in the center, it is marked on the floor that the color of the road floor of the four-lanes is red and sticked to the three-lanes, and the bus stop is marked on the bus stop and the bus stop is reduced immediately by the bus stop.
On May 6, 2015, the Plaintiff paid KRW 4,700,000 at the repair cost of the Plaintiff’s vehicle.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 6 evidence, Eul's 1 through 4, the purport of the whole pleadings
2. Determination:
A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the insurance money in relation to the accident of this case and pay the amount equivalent to the insurance money and delay damages to the plaintiff who acquired the claim for damages pursuant to the subrogation provisions of Article 682(1) of the Commercial Act.
B. As to the Defendant’s assertion, the Defendant: (a) the place where the instant accident occurred is habitually.