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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded each comprehensive motor vehicle insurance contract with the vehicle B (hereinafter “Defendant”) with respect to the non-party AW vehicle owned by the non-party AW vehicle L (hereinafter “Plaintiff”).
B. On September 13, 2015, around 09:52, the Plaintiff’s vehicle moved along the two lanes near the two-lanes in the Indones-si, In order to avoid a conflict with the non-party in the non-party, which driven on the right side of the two-lanes, the Defendant’s vehicle driven in the front side of the Plaintiff’s vehicle located in the front side of the two-lanes (hereinafter “the instant accident”).
C. On September 18, 2015, the Plaintiff paid KRW 1,328,000 for the repair cost of the Plaintiff’s vehicle to the repair business entity.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence No. 1 and the purport of the whole pleadings
2. Occurrence and scope of liability for damages;
A. The plaintiff asserts that the accident in this case was caused by the plaintiff's vehicle at least 50 meters after the change of the lane, and that the defendant's vehicle was caused by drilling the plaintiff's vehicle without taking measures such as discovering the plaintiff's vehicle and stopping the plaintiff's vehicle, and that it was caused by the total negligence of the defendant's vehicle.
In regard to this, the defendant asserts that the ratio of negligence contributed to the accident of the plaintiff vehicle to the accident of this case is more than 90%, since the plaintiff vehicle driving in the first lane did not have any reason to rapidly operate immediately after the change of the lane to the second lane, and the collision with the defendant vehicle that was not raised.
B. In full view of the following factors: (a) the instant accident neglected the duty of care to safely drive by taking into account the road situation at the point where the instant accident occurred; and (b) the developments leading up to the instant accident at the point where the instant accident occurred.