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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
The first instance court.
Reasons
1. Basic facts
A. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement with A-business taxi (hereinafter “Plaintiff”), and the Defendant is an insurer that entered into a motor vehicle insurance contract with B (hereinafter “Defendant”).
B. On June 30, 2015, around 12:55, the Plaintiff’s vehicle proceeded along the three lanes of the two-lanes in the 6-lanes of the East-gu Intersections. On June 30, 2015, the Plaintiff’s vehicle driven along the three-lanes among the six-lanes of the East-gu Intersections.
The non-party C (hereinafter referred to as the "non-party C vehicle") prior to his four-lanes, completed a change of course from five to four-lanes on the front side of the vehicle, and stopped behind the Defendant vehicle stopping in accordance with the stop and new subparagraph. The Plaintiff’s vehicle was found to be late, and the lower part of the non-party C vehicle was concealed.
(hereinafter referred to as “instant accident”). C.
The Plaintiff paid KRW 1,968,280 to the driver of the non-party vehicle D, KRW 1,513,620 to the non-party vehicle E, and KRW 1,525,00 to the non-party vehicle repair cost, with the total insurance money paid KRW 5,03,90.
[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 to 3 (including branch numbers, if any) and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiff asserts that the defendant vehicle attempted to change course at a place where a white solid line prohibiting a change of course is marked, and provided a cause of sudden stop to avoid collision with the defendant vehicle changing course, which led to the accident of this case where the plaintiff vehicle concealed the non-party vehicle. Thus, the defendant vehicle's fault ratio of providing the cause of the accident of this case is more than 80%.
On the other hand, the defendant's vehicle has completed a normal course change, and the defendant's vehicle and the non-party vehicle verify that the front signal is changed to a stop signal.