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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to D vehicles, and the Defendant is a mutual aid business operator who entered into an automobile mutual aid contract with respect to E vehicles.
B. The circumstances surrounding the instant accident are as follows.
At the time of the accident, at around 17:27 on May 3, 2019, the Plaintiff’s insured vehicle (the Plaintiff’s insured vehicle) DD at the time of the accident, and around 17:27:0 on May 3, 2019, when the Plaintiff’s vehicle entered the said intersection, the vehicle entered the front side of the Defendant vehicle and opened the front side of the Plaintiff vehicle with a green signal at the time immediately before entering the said intersection, but the moving signal was changed to a red color. The Defendant’s vehicle, who was directly in line with the moving signal at the right side of the intersection, did not discover the Plaintiff vehicle and continued the accident that conflict with the front left side of the Plaintiff vehicle and the front right side of the Plaintiff vehicle (hereinafter “instant accident”). Nonparty F, the Defendant passenger of the Defendant vehicle, suffered injury requiring two weeks’ medical treatment due to the instant accident, and was paid KRW 1 to Nonparty 3, 201 to May 17, 2019, and paid the Plaintiff’s insurance money (the Plaintiff’s evidence No. 1 to Nonparty 1, 3, 5. 1,5.6.
2. The parties' assertion
A. The Plaintiff’s vehicle was passing through the intersection according to green signal. In the case of Defendant’s vehicle, the instant accident occurred due to the negligence of failing to comply with the duty of Jeonju, etc., even if it was possible to sufficiently ascertain the Plaintiff’s vehicle that had already been entering the intersection at the time of entering the intersection by going through the intersection.
B. The Plaintiff’s vehicle entered the intersection as it is, even though the direction signal immediately before entering the intersection was changed from green to red.