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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
The first instance court.
Reasons
1.The following facts may be acknowledged, either in dispute between the parties or in combination with the whole purport of the pleadings, on each entry and video set forth in Gap evidence 1 to 8, Gap evidence 10, Eul evidence 1 and 2 (including additional numbers):
The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to AMW vehicles (hereinafter referred to as “Plaintiffs”). The Defendant is a mutual aid business entity who has entered into a mutual aid agreement with respect to B-business taxi (hereinafter referred to as “Defendant”).
B. For the Plaintiff, 2017
1. At around 08:30 on 19. 08., the entrance of the Seocho-gu Seoul Seocho-gu Jawon Apartment-dong, Seoul, passed through the front three-distance intersection of the above apartment, and entered the road of the new road in the direction of the new road. At the time, there was an accident that conflicts between the front side of the defendant vehicle and the front side of the vehicle of the plaintiff and the back side of the vehicle of the plaintiff (hereinafter “the accident in this case”).
C. On March 23, 2017, the Plaintiff paid insurance proceeds of KRW 10,58,000 in total with the repair cost of the Plaintiff’s vehicle due to the instant accident.
2. Pleadings and Finines;
A. The Plaintiff asserted that the instant accident occurred due to the failure to discover the Plaintiff’s vehicle that had already entered the intersection while stopping the Defendant’s vehicle in the signal signal line, and neglecting the duty of front-time care, and due to shocking the Plaintiff’s fault. As such, the Defendant asserts that the fault ratio of the Defendant’s vehicle that has contributed to the instant accident is more than 20%. 2) As to this, the Defendant asserted that the instant accident occurred due to the entire fault of the Plaintiff’s vehicle that entered the intersection immediately after the alteration to the green signal.
B. We examine the following circumstances, i.e., the instant accident, which can be acknowledged by comprehensively taking account of the overall purport of the pleadings.