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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
2...
Reasons
1. Facts of recognition;
A. The Plaintiff is the insurer of the D vehicle (hereinafter “Plaintiff”), and the Defendant B is the driver of the vehicle E (hereinafter “Defendant vehicle”), and the Defendant C Co., Ltd. (hereinafter “Defendant Company”) is the insurer of the F vehicle (hereinafter “Defendant Company”). The vehicle of the Defendant and the Defendant Company together with the Defendant Company’s vehicle is the insurer of the F vehicle (hereinafter “Defendant Company”).
B. Around 20:50 on June 23, 2017, the Plaintiff’s vehicle stops at the intersection in front of the shooting distance of 5 Geumnam-ro, Geumnam-dong, Geumnam-dong, G department store with a string signal, and the Defendant’s vehicle, in violation of the signal, who was left the right side from the left side of the Plaintiff’s vehicle to the right side, was shocked on the front side of the Plaintiff’s vehicle, and then, in violation of the signal, the Defendant Company’s vehicle, who followed the Defendant’s vehicle, was faced with the front side of the Plaintiff’s vehicle (hereinafter “instant accident”).
C. By April 8, 2019, the Plaintiff deducted the Plaintiff’s insured employee from KRW 500,000,000, and paid KRW 2,880,000 of the insurance money related to the damage of the Plaintiff’s vehicle.
[Based on recognition] The items of Gap evidence 1 to 13, Eul evidence 1 to 4 (including paper numbers), the purpose of the whole pleadings
2. The driver of a vehicle that is being driven in accordance with the relevant legal doctrine also has a duty of care to look at whether there are other vehicles already entering the intersection before the signal is changed, and if there are such vehicles, he/she has a duty of care to prevent accidents and drive the vehicle with the attitude to prevent accidents by looking at such vehicle while driving slowly.
However, unless there are special circumstances, the duty of care to consider measures to prevent the occurrence of accidents is anticipated even when other vehicles enter the intersection by violating signal.