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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).
B. At around 18:50 on February 23, 2018, the Defendant’s vehicle: (a) moved the 398 king apartment distance from the offline to the four-lane road; (b) entered the three-lane, not the four-lane; (c) on the three-lane, the vehicle was fixed to the vicinity of the crosswalk, and the vehicle was tried to change its course to the four-lane.
C. On the other hand, the plaintiff's vehicle was driving in accordance with two-lanes of red control3 distance from the same point of view to the same point of view on the surface of the malkin airspace. The plaintiff's vehicle was driving in accordance with two-lanes of red control3 distance from the surface of the malkin airspace, and immediately changed the lane
In the process, there was a conflict between the part front of the right side and fences of the Defendant’s vehicle and the part enclosed in front of the left side of the Plaintiff’s vehicle (hereinafter “instant accident”).
On April 5, 2018, the Plaintiff paid 653,000 won after deducting 200,000 won of the self-charges for the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 6 through 8, Evidence Nos. 5, and Evidence Nos. 1 (including paper numbers) and the purport of the whole pleadings
2. Judgment on the plaintiff's right to indemnity
A. The following circumstances, which can be seen by adding the evidence and the entire purport of the pleadings as seen earlier, which are acknowledged prior to the ratio of negligence, are ① Defendant vehicle entering the three-lanes, although it is necessary to enter the four-lanes other than the three-lanes at the time of bypassing as in the instant case, and such negligence appears to be one of the causes of the instant accident, and ② Defendant vehicle changes its course.