1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with B-owned vehicles (hereinafter “Plaintiff-owned vehicles”) and the Defendant is the insurer who has concluded the automobile insurance contract with C-owned vehicles (hereinafter “Defendant-owned vehicles”).

B. On July 26, 2016, around 06:10, the accident occurred, where the Defendant’s vehicle, who was driving in the direction of the hub market in the south-gu Busan Metropolitan City (hereinafter “the accident in this case”), as the next accident field map, was a shocking part of the front part of the Plaintiff’s vehicle, who was driving in the direction of the hub market on the right side of the said high school, along with green signal (hereinafter “instant accident”).

C. On August 9, 2016, the Plaintiff paid KRW 8,890,000 to A the Plaintiff’s total loss insurance proceeds due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 7, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion that the instant accident occurred as a result of the Defendant’s previous negligence by the Defendant’s driver, who shocked the Plaintiff’s vehicle at normal direct driving according to green signal while driving at the intersection without temporarily stopping at the intersection in violation of the intersection traffic method. Therefore, the Defendant shall pay the Plaintiff the insurance money of KRW 8,890,000 and damages for delay paid by the Plaintiff.

(2) The Defendant’s assertion that the instant accident occurred due to the concurrence between the negligence of the Plaintiff and the Defendant’s vehicle, which was driven by a direct driving without passing through or concessioning at the intersection, and the negligence of the Plaintiff’s vehicle, which was driven by the Defendant’s vehicle without stopping or driving at the intersection, is about 40%.

B. (1) The driver of any motor vehicle shall, when intending to drive a motor vehicle into the intersection where traffic is controlled by signal apparatus, be in front of the course in which the driver of any motor vehicle intends to drive the motor vehicle.