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1. The plaintiff's appeal and the plaintiff's claim expanded by this court are all dismissed.
2...
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. On January 11, 2018, at around 12:50, the Plaintiff’s vehicle shocked the right side part of the Defendant’s vehicle, which opened two lanes of the two-lanes of the two-lanes under the straight line of the said intersection in accordance with the straight line of the said intersection, while making a bypass from the intersection in front of the Darart located in Yeongdeungpo-gu Seoul Metropolitan Government C (hereinafter “instant intersection”).
(hereinafter “instant accident”).
C. By February 21, 2018, the Plaintiff paid insurance proceeds of KRW 3,229,490 in total with the repair cost of the Plaintiff’s vehicle and the medical expenses for Plaintiff’s driver E, etc. due to the instant accident.
【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 8, and 10, the video of Eul's 1, and the purport of whole pleading
2. The assertion and judgment
A. Although the Plaintiff’s alleged vehicle entered the instant intersection, the driver of the Defendant vehicle was negligent in performing his duty of care at the front time and did not discover the Plaintiff vehicle and the instant accident occurred. As such, the negligence of the Defendant vehicle in relation to the instant accident ought to be deemed to be at least 30%.
Therefore, the defendant is obligated to pay 968,847 won (=3,229,490 won x 30%) and delay damages for the insurance money paid by the plaintiff to the plaintiff.
B. The following circumstances that can be acknowledged by the evidence mentioned above, ① Defendant vehicle enters the intersection of this case after entering the intersection after immediately preceding the intersection of this case after entering the stop line and the crosswalk according to the straight-line signal; and ② the Plaintiff vehicle cannot be deemed to have entered the intersection of this case, and ② the intersection.