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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
1..
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 an insurer who has entered into an automobile insurance contract with D vehicle (hereinafter “Defendant vehicle”).
B. On March 29, 2019, around 07:49, the Plaintiff’s vehicle that caused the instant accident was shocked with the Defendant’s vehicle, which was located on the left side from the right side of the Plaintiff’s vehicle, while the Plaintiff’s house near Seo-dong, Seo-dong, Seo-dong, Seo-dong, Cheongju-si was traveling along a side-road crossing.
(hereinafter referred to as “the instant accident”). C.
On April 15, 2019, the Plaintiff paid the total of KRW 2,311,300 (excluding KRW 500,000 of the self-paid premium) to the Plaintiff’s vehicle repair cost, etc. due to the instant accident.
【Fact-finding without a dispute over the ground for recognition, Gap evidence 1 through 4, Eul evidence 2 through 4, and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion asserts that the Plaintiff’s fault ratio of the Defendant’s vehicle reaches at least 60%, considering the circumstances where the instant accident occurred, while the Plaintiff’s vehicle proceeding on a backway with a wide width than that of the Defendant’s vehicle and entered the intersection, even if the Defendant’s vehicle went through the intersection as it is, and entered the intersection.
B. The following circumstances that can be acknowledged by adding the evidence and the purport of the entire pleadings as seen earlier in the above basic facts. In other words, the instant accident is a contact accident between a vehicle at the intersection where a house without signal, etc. is a sideway, and both the Plaintiff’s vehicle and the Defendant’s vehicle have been negligent by neglecting the duty of care to safely drive while considering whether there is a vehicle going on the left and right side while reducing speed and provokinging the vehicle at the intersection. The Road Traffic Act, in the case of an intersection where traffic is not controlled, is an intersection.