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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to B Oral vehicle (hereinafter “Defendant vehicle”).
B. Around 13:00 on September 25, 2014, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle and driven it in front of D in Kimhae-si, in the direction of the outer direction, in accordance with the new name in the direction of the movement, and the Defendant’s vehicle driven in front of the Plaintiff’s vehicle, in violation of the signal from the left side of the moving direction to the red frithy side of the Defendant’s vehicle in front of the Plaintiff’s vehicle.
(hereinafter referred to as “instant accident”). C.
On January 13, 2015, the Plaintiff paid KRW 4,911,000 as the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 5 through 7 (hereinafter referred to as "numbers") and Eul evidence 1, 2 and 4, the purport of the whole pleadings and arguments
2. Determination
(a) The driver of a vehicle driving along an intersection where traffic is controlled by signal, etc. is insufficient to ensure that other vehicles are also believed to observe traffic regulations and take appropriate measures to avoid collision, barring special circumstances, and there is no duty of care to take special measures to prevent the occurrence of accidents in advance as it is anticipated that other vehicles violate the signal and are driving along the course to block collision, or are expected to drive their own vehicles, and even if they are drivers of vehicles driving in compliance with the signal, there is another vehicle already entering the intersection;
I found that the other vehicle is continuing to proceed by entering the intersection immediately after the signal of its direction was changed to a stop signal from the direction to the stop signal.
or in violation of any other signal.