구상금
The part against the plaintiff falling under the order of payment under the judgment of the first instance shall be revoked.
The defendant.
1. Facts of recognition;
A. The Plaintiff is an insurer who entered into a comprehensive insurance contract for commercial cars with C (hereinafter “Plaintiff”).
B. On April 26, 2019, around 9:15, the Plaintiff’s vehicle was running straightly along the front of a branch school located near the intersection (hereinafter “instant intersection”) where traffic control by signal lights, etc. in the E is not carried out, and at the lower end of the branch school near the intersection (hereinafter “Plaintiff’s driving route”). At the F factory entrance located in the center edge of the center line of the Plaintiff’s driving lane (which is considered from the Plaintiff’s vehicle) where the Plaintiff’s driving route, the vehicle driven slowly along the instant intersection and was going to turn to the left to the left at the right edge of the Plaintiff’s driving line.
C. Dump trucks, which were in the left left at the front of the vehicles, were found and stopped to enter the instant intersection, and followed the following car trucks. However, the Defendant’s G vehicle (hereinafter “PP”) which was followed by the left side of the said trucks, did not stop and went back to the left, and entered the lane of the Plaintiff’s driving vehicle while driving on the left at the left. Accordingly, the Plaintiff’s vehicle discovered the Defendant’s vehicle and checked the Plaintiff’s pedestrian signal, etc. along the Plaintiff’s driving vehicle on the right side while driving on the left.
(hereinafter “instant accident”). D.
On July 31, 2019, the Plaintiff paid KRW 2,600,000 at the expense of restoring the damaged signal, etc. as the insurer of the Plaintiff vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5, Gap evidence No. 4, Eul evidence No. 2, the purport of the whole pleadings
2. Determination as to the cause of action
A. Attached Table 2 of the Enforcement Rule of the Road Traffic Act provides that motor vehicles and horses may proceed with with the warning of the warning of other traffic or safety signs at the time of “off-and-off of yellow lights”.