1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is a driver who has operated D Vehicle (hereinafter “Defendant Vehicle”).

B. On December 31, 2017, when the Plaintiff’s vehicle came to a straight line near the F point E at the time of Pakistan on December 14:21, 2017, the two-lanes of the second line road at the speed of yellow on the left side of the moving direction, the Defendant’s vehicle entered the two-lane of the two-lane road at the left side of the moving direction while making the left turn to the yellow flickering signal depending on the first line road at the speed of the Defendant vehicle. In this process, there was an accident that shocks the rear part of the driver’s seat of the Plaintiff vehicle by the front wheeler of the Defendant vehicle.

(hereinafter “instant accident”). C.

On January 12, 2018, the Plaintiff paid insurance proceeds of KRW 4,970,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 3 (including branch numbers for those with serial numbers) and the purport of the whole pleadings

2. Determination

A. The instant intersection where the fault ratio is determined is installed with a yellow flickering signal. According to the attached Table 2 of Article 6(2) of the Enforcement Rule of the Road Traffic Act, the said signal constitutes an intersection where traffic control is not performed on the ground that “other traffic or safety signs are being observed with due care,” and there is no other function of coordination and control, and the instant intersection is an intersection where traffic control is not performed on the ground that there was no traffic signal by the traffic police officer.

The driver of any motor vehicle who intends to drive a motor vehicle into an intersection in which traffic is not controlled shall slowly drive the motor vehicle, if the width of the intersection is wider than that of the road on which the motor vehicle is traveling, and if there is another motor vehicle who intends to drive a motor vehicle into the intersection from a road with a wide width, the driver shall yield the way to the other motor vehicle (paragraph (2)) and the traffic control is not performed.