A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On June 30, 2017, around 03:15, the driver of the Defendant vehicle driving the Defendant vehicle, and did not temporarily stop the Sung-dong sexual traffic distance in the Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu without temporarily suspending a red on-and-off signal, and did not take any specific measures such as stopping the speed of yellow on-and-off signals from the right side of the Defendant vehicle, and spons the front side side of the Plaintiff vehicle toward the right side of the Defendant vehicle.

(hereinafter referred to as “instant accident”). C.

On July 28, 2017, the Plaintiff paid KRW 43,020,00 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

【Fact-finding without a dispute over the grounds for recognition, Gap evidence 1 through 5, Eul's statements and images, and the purport of the whole pleadings

2. Determination:

A. The plaintiff asserts that the accident of this case is caused by the defendant's negligence since the plaintiff's vehicle entered the intersection of the yellow on-and-off signal and the accident occurred while the defendant's vehicle was not stopped in the red on-and-off signal, and the accident occurred without stopping the red on-off signal. Thus, the plaintiff is obligated to pay 43,020,000 won for indemnity equivalent to 10% of the fault ratio of the defendant vehicle.

Accordingly, the Defendant asserts that the negligence of the Plaintiff’s vehicle should be deemed to be more than 60% since the instant accident occurred by neglecting his duty of care, such as reducing the speed of the Plaintiff’s vehicle’s driver in the yellow fluence and driving ahead, etc. while entering the intersection.

B. In light of the following circumstances, the instant accident was committed by each driver of the original Defendant’s vehicle, taking into account the evidence as seen earlier 1 and the facts admitted thereto.