2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to Aenz Vehicle (hereinafter referred to as “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to Benz Vehicle (hereinafter referred to as “Defendant Vehicle”).

On November 24, 2015, at around 15:30 on November 24, 2015, the Plaintiff’s vehicle was running along the intersection of the front of the Doedong, Gangnam-gu, Seoul along the straight-line signal, and the accident occurred due to the collision with the Defendant’s vehicle driving the said intersection toward the right side from the left side of the direction of the Plaintiff’s vehicle.

At the time, the intersection installed a vehicle signal, etc. only to the direction of the plaintiff vehicle, and there was no vehicle signal, etc. in the direction of the defendant vehicle, and there was a pedestrian signal, etc. on the left side of the stop line and the moving direction.

On February 5, 2016, the Plaintiff paid KRW 13,910,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] The plaintiff asserts that there was no dispute, and that there was an accident of this case due to negligence of 10% of the defendant's vehicle.

The defendant asserts that since the defendant's vehicle first entered the intersection and had already passed half or more of the intersection, the plaintiff's vehicle is negligent in not living well, and the ratio of negligence should be 30% of the plaintiff's vehicle and 70% of the defendant's vehicle.

Judgment

In general, the driver of a vehicle driving along an intersection where traffic is controlled by a signal, etc., is sufficient to ensure that other vehicles are also believed to observe traffic regulations and take appropriate measures to avoid collision, except in extenuating circumstances, and to take special measures to prevent the occurrence of accidents in advance, even if other vehicles violate the signal and keep out of the course of the vehicle, or are expected to keep out of the way of the vehicle.