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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. The circumstances leading up to the instant accident are as follows.
According to the statement in Gap evidence No. 6 of 659,00 won, which was left left left by the plaintiff's vehicle and the defendant's vehicle that was left left left at a one-lane (lane prior to the left-hand turn) in the situation of the collision of the Yama distance at the Ya-dong-dong in the area where the defendant's insured vehicle D E of the defendant insured vehicle at the time of the accident, around 17:50 on December 10, 2018 at the time of the accident, the amount of insurance money is recognized, contrary to the plaintiff's assertion, as alleged by the plaintiff.
The fact that there is no dispute over the insured self-paid vehicle damage amounting to KRW 200,000 [based on recognition], Gap evidence 1 through 6, Eul evidence or video, the purport of the whole pleadings and arguments
2. In light of all the circumstances that can be recognized by the aforementioned evidence, such as the vehicle’s failure to operate the direction engine, the vehicle’s failure to operate the direction engine, the place of the accident, and the collision part, etc., it is reasonable to deem that the accident in this case was caused by the negligence of the driver of the Defendant’s vehicle, in light of the following: (a) the driver of the Plaintiff’s vehicle, who was sent at the front of the stoppage line than the Defendant’s vehicle, was waiting for the Plaintiff’s vehicle before passing the crosswalk; (b) the signal at the front of the stop line; and (c) the driver of the Plaintiff’s vehicle, who was going to the left at the front of the stop line, starting with the Defendant’s vehicle at the front of the stop line; and (d) the Plaintiff’
Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 659,00 as indemnity (i.e., the total amount of KRW 859,000 x 100% - self-payment of KRW 200,000, and Supreme Court Decision 2015Da236431 Decided January 28, 2016) and the following delay damages.
With respect to KRW 401,300, which is the amount cited by the judgment of the first instance, 5% per annum prescribed by the Civil Act from December 10, 2018 to November 8, 2019, and the following day to the date of full payment.