1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

1. Facts of recognition;

A. The Plaintiff is an insurer that entered into an automobile insurance contract with C Vehicle (hereinafter “Plaintiff”).

B. On April 10, 2018, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle and stopped at a “T”-type intersection near the E-factory located in Changwon-si, Changwon-si, and conflict with the Defendant crossinging the crosswalk installed at the intersection with a bicycle, among the left turn turn turn turn at the first lane pursuant to green signals.

(hereinafter “instant accident”). C.

On April 26, 2018, the Plaintiff paid KRW 1,169,00 (excluding self-paid KRW 100,000) for the repair cost of the Plaintiff’s vehicle due to the instant accident as insurance proceeds.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 and the purport of the whole pleadings

2. According to the above facts and the evidence revealed earlier, the accident of this case was caused by the negligence of the defendant crossing the crosswalk without unloading from the bicycle even though the pedestrian signal of the crosswalk was red, in violation of Articles 5(1) and 13-2(6) of the Road Traffic Act. The driver of the plaintiff vehicle who left left at the left pursuant to green signals cannot be deemed to have any negligence in the occurrence of the accident of this case.

In this regard, the defendant asserts that the plaintiff's driver was negligent in breaking the stop line in violation of Article 27 (1) of the Road Traffic Act, but there is no evidence to deem that the plaintiff's vehicle violated the stop line, and even if the plaintiff's vehicle violated the stop line, there is no proximate causal relation between the negligence not complying with the stop line and the occurrence of the accident in this case, so the defendant's above assertion is rejected.

Therefore, the defendant's insurance money of KRW 1,169,00 paid to the plaintiff according to subrogation by the insurer under Article 682 of the Commercial Act and KRW 1,042,10, which is the amount cited by the first instance court.