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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C Vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with D Vehicle (hereinafter “Defendant Vehicle”).
B. On October 27, 2017, the Plaintiff’s vehicle entered the above intersection in order to turn to the left from the boundary of the F SP station located in Jung-gu Seoul, Jung-gu to the front side of the tunnel No. 1. On the left side of the Plaintiff’s driving direction, but when a bus, which is left to the right side from the left side of the Plaintiff’s driving direction, stops temporarily, and moves to the right side of the Plaintiff’s driving direction while moving to the right side, the Plaintiff’s moving to the right side was suspended, but the Plaintiff’s moving to the left in the same direction as the latter of the Plaintiff’s vehicle was turned to the right side, and the left side of the Defendant’s driving to the right side of the Plaintiff’s driving vehicle was turned to the left side of the Plaintiff’s driving vehicle, and there was an accident of conflict between the lower part on the left side of the Plaintiff’s driving
C. On November 3, 2017, the Plaintiff paid insurance proceeds of KRW 2,222,670 at the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 4 and 5 (including paper numbers), the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that the accident of this case is due to an accident attributable to the driver of the defendant vehicle, who is waiting to turn to the left on the same lane as that of the plaintiff vehicle, steped the plaintiff vehicle to the right right direction, in the direction of the Gap himself and the opposite direction, and caused the shock of the plaintiff vehicle.
In this regard, the defendant has shocked the defendant's vehicle that the plaintiff vehicle tried to turn to the right at the intersection and attempted to turn to the right at the intersection, and tried to turn to the right at the intersection, and therefore there is no negligence on the driver of the defendant vehicle.