구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with D vehicle (hereinafter “Defendant”).
B. (1) On October 8, 2018, around 16:25, at Jeju-si, the Plaintiff’s vehicle entered the intersection by straighting three-lanes among three-lanes, and the left-hand turn to the right-hand turn on the road along which the Plaintiff’s vehicle entered the intersection. (hereinafter “instant accident”).
(2) At the time of the instant accident, the Plaintiff’s vehicle traffic signal was a direct progress signal, but the police officer, who controlled the traffic, displayed the direction of the Plaintiff’s vehicle to stop, and all other vehicles except the Plaintiff’s vehicle was stopped.
Since then, the police officer sent a sign to turn to the left for the left, and the defendant's vehicle made a left turn to the left.
C. On December 20, 2018, the Plaintiff paid insurance proceeds of KRW 3,770,000, excluding KRW 500,000, out of the repair cost of the Plaintiff’s vehicle 4,270,000 due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10, Eul evidence No. 1 and the purport of the whole pleadings
2. Determination
A. The plaintiff asserts that the driver of the defendant vehicle has been negligent in the accident of this case since he did not stop even though he could sufficiently recognize that the driver of the defendant vehicle is entering the intersection of the plaintiff vehicle.
On the other hand, the defendant asserts that the defendant's vehicle entered the intersection by the police officer according to the reception of the police officer, and that the plaintiff's vehicle was not aware of the entry of the vehicle into the intersection.
B. (1) Determination is made by Article 5 of the Road Traffic Act.