구상금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to B vehicle (hereinafter “Defendant”).
B. At around 18:20 on December 24, 2015, C driven the Defendant’s vehicle and driven the front e-mail in Pyeongtaek-si D into the front apartment room on the right side of the Plaintiff’s vehicle running through the intersection from the left side of the Defendant’s running side to the right side of the Plaintiff’s vehicle. On the other hand, C re-sprinked the G vehicle that the Plaintiff used for temporary stop in the right side of the Defendant vehicle.
(hereinafter “instant accident”). C.
On February 11, 2016, the Plaintiff paid KRW 3,087,80 at the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Evidence No. 1, Evidence No. 2, Evidence No. 4, Evidence No. 8, Evidence No. 10-1, 7-7, Evidence No. 3, Evidence No. 5, Evidence No. 6, Evidence No. 1, each of the images and the purport of the whole pleadings No. 1
2. The parties' arguments and the judgment on them
A. The plaintiff asserts that the accident in this case occurred due to the prior negligence of C entering the intersection where the defendant's vehicle did not temporarily stop even though the red flickering signal was occupied in the running direction of the vehicle.
In this regard, the defendant asserts that the accident in this case occurred by the negligence of F who passed the intersection without due care in the progress of the defendant's vehicle even though the yellow on-and-off signal was occupied in the driving direction of the plaintiff vehicle.
B. The following circumstances are revealed by taking full account of the overall purport of the arguments as seen earlier; ① the F temporarily went to the intersection after temporarily suspending another vehicle at a stop line according to the yellow on and off signal at the front; ② the Defendant.