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1. The defendant's appeal is dismissed.
2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Defendant.
Reasons
1. Basic facts
A. The Plaintiff is an insurance company that entered into an automobile insurance contract with respect to the D vehicle (hereinafter “Plaintiff”), and the Defendant is the owner of the taxi in which an accident that conflicts with the Plaintiff’s vehicle occurred (hereinafter “Defendant vehicle”). The Intervenor joining the Defendant is a mutual aid company that entered into a mutual aid agreement with respect to the Defendant vehicle.
B. On April 28, 2019, at around 12:45, the Defendant’s vehicle was driven or stopped along the fourth lane in front of the exit of the Seocho-gu Seoul Changdong Cemetery No. 1, Jongno-gu, Seoul, in the same direction, the vehicle changed from three lanes to four lanes, and the front part of the Plaintiff’s vehicle stopped after entering the front of the Defendant vehicle was shocked with the front part of the Defendant vehicle.
(hereinafter “instant accident”). C.
On May 8, 2019, the Plaintiff paid KRW 1,981,990, excluding KRW 495,00 for the insured’s own share of KRW 495,00 among total damages, such as the repair cost, etc. of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 6, Eul evidence Nos. 1 to 3, video, and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserts that the instant accident occurred by towing the Plaintiff’s front vehicle while the Plaintiff’s vehicle was stopped from three lanes to four lanes, and that it was an accident due to the Defendant’s unilateral negligence. 2) As to this, the Defendant asserts to the purport that, at the time of the instant accident, the Defendant was not liable for the instant accident, since the Plaintiff’s vehicle did not secure a safety distance while driving the Plaintiff’s vehicle on the side of the Defendant’s vehicle while changing the course of the Defendant’s vehicle and stopping the vehicle in the future, it was impossible for the Defendant to avoid this accident because the Defendant was not responsible for the instant accident.
B. The facts admitted prior to the negligence ratio and the purport of the entire pleadings.