1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the above cancellation portion is dismissed.

3.

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that has entered into a motor vehicle mutual aid agreement with respect to A Lastyasi (hereinafter “Plaintiff”) and the Defendant is a person who installs and manages a traffic signal apparatus in the 58-5 neighboring digital complex (hereinafter “the intersection”) of Guro-gu Seoul Metropolitan Government, Seoul, in the direction-distance intersection (hereinafter “the intersection”).

B. On October 29, 2015, the Plaintiff’s driver drivened the Plaintiff’s vehicle at around 00:10 and going through the instant intersection along the two-lane road along the instant intersection, and passed the instant intersection by straight signal at the instant intersection. On the right side of the Plaintiff’s vehicle driving direction, the collision between BK5 si (hereinafter “road”) and the Plaintiff’s vehicle that entered the instant intersection and left to the left (hereinafter “instant accident”).

C. From the time when the other party started to enter the instant intersection until the instant accident occurred, according to the image of Gap evidence No. 11, such as the fact that the red signal and green signal are all sent due to the malfunctions in the traffic signal of the other party (hereinafter “instant signal”), the first red signal was displayed on the traffic signal of the other party (not later than 10 seconds) and the green signal was occupied by the green signal, but the other party entered the instant intersection to turn to the left and turn to the left, and the instant accident occurred (not later than 27 seconds) and the left turn signal was turned out after the instant accident occurred, while the traffic signal of the plaintiff vehicle was turned out in the direction of the proceeding of the vehicle.

On April 12, 2016, the Plaintiff paid the mutual aid amount of KRW 879,700 to the other driver’s agreement and medical expenses incurred by the instant accident.