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. The facts of recognition (1) The Plaintiff is an insurer who has entered into an automobile insurance contract with D with respect to the Plaintiff’s insured vehicle (hereinafter “Plaintiff’s insured vehicle”); the Defendant is the insurer of the Plaintiff’s insured vehicle (hereinafter “Defendant’s insured vehicle”); (2) around 19:30 on October 23, 2017, the Plaintiff’s insured vehicle driven in one lane from the front side of the Seoul Gwangjin-gu Seoul Special Metropolitan City FF building to yellow light immediately after entering the intersection; and (3) the Plaintiff’s insured vehicle driven in two lanes due to the preceding vehicle’s moving into the intersection, who attempted to change its course into the two lanes, and entered the two lanes in the yellow light and was in conflict with the Defendant’s insured vehicle going through two lanes (hereinafter “instant accident”); and (3) at the time, the insured vehicle’s front side of the Plaintiff’s insured vehicle and the Defendant’s insured vehicle’s injury or damage to the Plaintiff’s insured vehicle as a whole by taking account of the following facts: (4) the Plaintiff’s insured vehicle’s insured vehicle’s 10 or 104th car.
2. The assertion and judgment
A. The Plaintiff’s assertion occurred due to the total negligence of the Defendant’s insured vehicle driver who entered the intersection in light of yellow light in violation of signal.
Therefore, the Defendant, the insurer of the Defendant’s insured vehicle, is obligated to pay the Plaintiff the repair cost of the insured vehicle paid by the Plaintiff pursuant to Article 682 of the Commercial Act, KRW 946,00, and damages for delay.
B. Although the Road Traffic Act does not prohibit the change of course at the intersection, there is no provision prohibiting the change of course.
Even if the accident of this case is caused by the change of the intersection line, the trend of the vehicle driving on the lane intended to enter is urgent.