beta
Text
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is the owner of B-si vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to D-Gren vehicle owned by C (hereinafter “Defendant vehicle”).
B. On May 21, 2016, around 14:55, when the spouse E driving the Defendant vehicle, there was an accident in which the part on the right side of the Plaintiff’s vehicle, which was left on the right side from the running direction of the Defendant vehicle, was shocked into the front part of the left side of the Defendant vehicle (hereinafter “instant accident”).
C. At the time, the Plaintiff was proceeding along the three-lanes of the three-lane road. However, the Plaintiff continued to enter the intersection, even though it was recognized that the cargo vehicle prior to the Defendant’s vehicle was proceeding following the said cargo vehicle, even though he was aware that the Defendant’s vehicle was proceeding following the said cargo vehicle.
[Basis] Facts without dispute, Eul's evidence 2-1, Eul's evidence 3-1 through 4, Eul's evidence 10, Gap's evidence 1, Eul's evidence 3-5, 7, 8, Eul's evidence 3-5, 7, 8, Eul's evidence 4, the purport of the whole pleadings and arguments
2. The parties' assertion and judgment
A. (1) The Plaintiff’s assertion (1) but the Defendant’s vehicle was in a normal position without confirming the progress of another vehicle, and caused the Plaintiff’s vehicle by negligence, which attempted to make a bypass, and thus, the Plaintiff is not negligent and is an accident due to total negligence of the Defendant’s vehicle.
Since the Plaintiff suffered property damage from KRW 1,810,211, which is necessary for the repair of the taxi, the Defendant is obligated to pay the Plaintiff KRW 1,810,211 and delay damages.
(2) The Plaintiff did not temporarily stop or slowly drive the Defendant’s vehicle while recognizing that the Defendant’s vehicle is bypass, but rather prevents the Defendant’s vehicle from driving.