2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

(a) On June 21, 2013, B, a driver of a A Tourist bus, affiliated with the New River, New River, and High-speed Tourism Co., Ltd. (hereinafter referred to as “Plaintiff”) turned to the apartment of Gyeongnam-gu from the front edge of the two-way elementary school, in violation of the signal at the intersection of the traffic signal in front of the Busan High-dong, Busan High-Speed, where the traffic signal is installed, and D driving a car at the front edge of the two-way elementary school to turn to the front edge of the two-way high-speed apartment, and driving a C car (hereinafter “Defendant vehicle”) in accordance with the straight line under the straight line in front of the two-way high-speed driving school to avoid a collision with the Plaintiff’s vehicle, D, a driver of the A Tourist bus, a driver of the Plaintiff’s vehicle (hereinafter referred to as “Plaintiff”)

(hereinafter “instant accident”). B.

The plaintiff is a mutual aid business operator who has entered into a motor vehicle mutual aid agreement with the new Gangnam-gu Tourism Co., Ltd. and the defendant is an insurer who entered into a comprehensive motor vehicle mutual aid agreement with D.

C. The Defendant paid D insurance proceeds of KRW 25,623,00 as repair cost, and upon the Defendant’s claim for reimbursement, the Plaintiff paid KRW 25,623,00 to the Defendant on January 22, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence No. 1 (including paper numbers) and the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred not only by the Plaintiff’s driver B’s negligence but also by the Defendant’s driver’s negligence, such as failure to perform the duty of care on the front side of the Plaintiff’s driver D, violation of speed limit, and failure to drive. Therefore, it is reasonable to deem that the percentage of negligence in the instant accident is 40%. As such, the Defendant should return KRW 10,249,200 equivalent to the amount equivalent to the percentage of negligence in D out of the indemnity amount

3. Determination

가. 신호등에 의하여 교통정리가 행하여지고 있는 ト자형 삼거리의 교차로를 녹색등화에 따라 직진하는 차량의 운전자는 특별한 사정이 없는 한 다른 차량들도...