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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.
The defendant.
Reasons
1. At the time of the occurrence of the basic fact-finding accident, the Plaintiff’s insured vehicle CD temporary 18:51 on December 8, 2018 at the time of the occurrence of the insured vehicle’s insured vehicle, and the Plaintiff’s vehicle in the situation of collision with the E crossing located in the Nam-si located in the above place, going straight through G from the bank of the F apartment site to G in accordance with green light, and the Defendant’s vehicle, who was left left from G to H apartment surface, was shocking the part of the Plaintiff’s driver’s seat on the left-hand part of the front left-hand part. The amount of the insurance money paid (i.e., the amount of KRW 5,190,490, KRW 3,210,000, KRW 3,400, KRW 210,000, or KRW 190,000, or KRW 3,400, or KRW 190,000, or KRW 197,2007.).
[Ground of recognition] Unsatisfy, Gap's statements or images as to Gap's 1 to 4 and 6, and the purport of whole pleadings
2. The parties' assertion
A. The Plaintiff’s instant accident occurred due to the Plaintiff’s total negligence on the part of the Defendant’s driver who was shocked while leaving the intersection or left the left, and the Plaintiff’s driver who was driven by the immediate margin signal was unable to avoid the accident. As such, the Defendant is obliged to pay the Plaintiff the full amount of the insurance money paid by the Plaintiff who acquired the right to claim damages by subrogation of the insurer.
B. Although the Plaintiff’s driver had a duty of care to safely drive the Plaintiff’s vehicle while driving or driving slowly, the Plaintiff’s driver’s negligence should be considered in calculating the percentage of negligence on the occurrence of the instant accident, given that the Plaintiff’s driver’s negligence should be considered.
3. Determination
A. We examine the facts found in the above basic facts, and each of the above evidence, in particular, the video of Gap evidence No. 4.