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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).
B. On February 15, 2018, around 10:35, the Plaintiff’s vehicle runs directly in the direction of the H building from the boundary of the mar-type intersection in front of the Fmat in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, to the front part of the Defendant’s vehicle and the rear part of the Plaintiff’s driver’s seat, where the direction of the mar-type intersection is located in the direction of the H building from the boundary of G mar-gu to the left part of the Plaintiff’s vehicle.
(hereinafter referred to as “instant accident”). C.
At the time, the direction of the plaintiff vehicle was set up with yellow on-and-off signal, and the moving direction of the defendant vehicle was set up with red on-and-off signal.
After deducting KRW 500,000 from the repair cost of the Plaintiff’s vehicle due to the instant accident, the Plaintiff paid KRW 23,50,000 as insurance money until March 29, 2018.
【Reason for Recognition】 Each description and image of the evidence (including each number) of subparagraphs A through 6, 8 through 14, and the purport of the whole pleadings
2. Judgment on the plaintiff's right to indemnity
(a) The error ratio (1) According to the annexed Table 6(2)2 of the Enforcement Rule of the Road Traffic Act, a motor vehicle with a yellow light on and off may proceed with with due care in the display of other traffic or safety signs, and a motor vehicle with a red light on and off may proceed with the other traffic after temporarily suspending the light immediately before or after the intersection, if there is a stop line or crosswalk.
(2) In other words, the Plaintiff’s vehicle at the time of the instant accident had a yellow on-and-off signal, etc. in the direction of its proceeding, and thus, the Plaintiff’s vehicle is driving at the intersection and entering the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and