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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The defendant-Counterclaim plaintiff's counterclaim brought at the trial.
Reasons
The following principal claims and counterclaims shall be examined together:
Basic Facts
The Plaintiff is an insurer who has entered into an automobile insurance contract in the attached list stating that the Plaintiff would compensate for losses caused by an accident that occurred while owning, using, or managing the D Freight (hereinafter “instant Freight”) with E.
E On July 5, 2014, around 07:39, at the front intersection of C Licensed Real Estate Agent B, the freight of this case was driven at the speed of 21-30 km and left left to the left at the seat of F in the front side of the joint venture. However, the malfunction of the network A (hereinafter referred to as “the network”) driven at the rear side of the freight of this case was driven at the speed of 51-60 km per hour, while the drive of the freight of this case was driven at the speed of 51-60 km from the rear side of the freight of this case.
As a result, the Deceased died on February 5, 2015, when he/she received treatment by suffering from an injury, such as “satise satise satise satis (satis),” “satise satise satise satis,” etc.
(hereinafter “instant accident”). The Defendant, as the mother and only inheritor of the deceased, took over the instant lawsuit at the trial.
[Ground of recognition] The plaintiff's assertion of the purport of the whole argument by the parties as to the facts without dispute, Gap's evidence Nos. 1, 3 through 5 (including paper numbers), Eul's evidence Nos. 1 and 7, and the purport of the whole pleadings is that the accident of this case occurred while trying to overtake beyond the central line because it is an intersection in which the operation of the deceased is prohibited from overtaking. Thus, it cannot be said that the cargo driver of this case who ordinarily left the left is obliged to pay a duty of care to drive the vehicle by moving back to the rear.
Therefore, there is no insurance payment obligation of the plaintiff against the defendant, who is the insurer of the freight of this case.
The defendant's assertion that the accident of this case is in progress by changing the vehicle rapidly without using the direction direction direction, etc., and making a left turn.