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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with the Plaintiff’s vehicle A (hereinafter “Plaintiff”), and the Defendant is a mutual aid business operator who entered into an automobile mutual aid contract with the Plaintiff’s bus B (hereinafter “Defendant bus”).
B. At around 08:05 on August 29, 2013, C, while driving the Plaintiff’s vehicle from the Seocho-gu Seoul Metropolitan Saero Sagle to turn to the left on the right side of the Plaintiff’s vehicle, there was an accident against the Defendant bus, which was left to the left on the right side of the Plaintiff’s vehicle (hereinafter “instant accident”).
C. By October 11, 2013, the Plaintiff paid KRW 2,610,000,000, in total, the repair cost of the Plaintiff’s vehicle as insurance proceeds.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 7, the purport of the whole pleadings
2. The plaintiff asserted that the accident in this case occurred by the whole negligence of the driver of the defendant vehicle, since the defendant bus, who was left left at a two-lane and left left turn on the left turn at a one-lane line according to the left turn turn turn turn, has turned on the wind between the plaintiff vehicle and the defendant bus.
The defendant asserts that the accident of this case occurred due to the left-hand turn of the defendant bus, which was followed by the plaintiff's vehicle prior to the plaintiff's vehicle's left-hand turn at the first lane, because the accident of this case was caused by the left-hand turn-hand turn of the defendant bus, and therefore, the accident of this case occurred by the whole negligence of the plaintiff's driver.
3. The following circumstances, which are acknowledged by adding the overall purport of the pleadings to the images of the evidence Nos. 4, 5, and 6, namely, the roads in which the instant accident occurred, are the intersections where the left-hand turn is possible from the first, 2, and 3 lanes, and the large buses that are deemed difficult to turn to the left-hand turn from the first lane without getting out of the lane due to the rapid studio.