구상금
1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.
1. The circumstances leading up to the instant accident are as follows.
At the time of the accident, the insured vehicle CD on December 14, 2017, when the insured vehicle of the Plaintiff was insured, and the vehicle of the Plaintiff, in the situation of collision near the 105 sub-dong distance in Daegu-gu at 17:30 on December 14, 2017 at the time of the accident, has been proceeding with green signal after the signal at the said intersection. The Defendant’s vehicle, which was proceeding in the direction of Daegu-si viewing in violation of the signal, has shocked the front part of the left side of the Plaintiff’s vehicle. On February 8, 2018, the payment of the insurance money was 4,208,00 won as the repair cost of the Plaintiff’s vehicle, without dispute (based on recognition), did not conflict with the Plaintiff’s self-paid charges of KRW 280,00,00 for self-paid vehicle damage insurance. The entries and images of the evidence No. 1 through 9, No.
2. The parties' assertion
A. The Plaintiff’s instant accident occurred due to the Defendant’s total negligence by the Defendant’s driver, who driven the Plaintiff’s vehicle while driving in violation of the signal at the intersection, and the Plaintiff’s driver could not avoid the accident by predicting that accident. Therefore, the Defendant is obliged to pay the Plaintiff the full amount of the repair cost paid by the Plaintiff, who acquired the right to claim damages by subrogation of the insurer.
B. The Plaintiff’s vehicle does not stop on the inside of the crosswalk stop line even though the vehicle signal of the intersection is red, but stops in the intersection, and it was possible to start ahead of other vehicles in the direction of the intersection, which led to narrow view on the left and right side, which led to the Plaintiff’s failure to recognize the Defendant’s vehicle. Since the fault ratio of the Plaintiff’s vehicle is 50%, the Plaintiff’s vehicle driver’s negligence should be considered in calculating the amount of damages caused by the instant accident.
3. Determination
A. According to the facts found in the above basic facts, and each of the above evidence, and in particular, according to Gap evidence Nos. 5 and 6, the driver of the defendant vehicle shall have traffic control by signal, etc.