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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with respect to the Plaintiff Company A (hereinafter “Plaintiff”), and the Defendant is an insurer that entered into a motor vehicle mutual aid agreement with respect to the Defendant Company B (hereinafter “Defendant”).
B. On November 22, 2016, at around 04:05, the Plaintiff’s vehicle runs in the direction of the old mountain distance on the two-lane road near the front intersection of Eunpyeong-gu Seoul Metropolitan City, in the direction of the night c, and entered the said intersection in the situation where a yellow signal is on-and-off. The Defendant’s vehicle, while proceeding on the left side of the direction of the Plaintiff’s vehicle, was facing the front side of the Plaintiff’s vehicle while entering the said intersection in the situation where a red signal is on-and-off.
Due to the shock, the Plaintiff’s vehicle moved back to the front side of the Plaintiff’s vehicle, and shocked the telegraph on the road side, and again, the front side of the Plaintiff’s vehicle shocked the road border and pedestrian guard.
(hereinafter referred to as “instant accident”). C.
The Plaintiff spent KRW 2,910,000 on December 8, 2016 at the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, Gap's statements, Gap's 1 through 7, 9 through 13, Eul's 1 through 4 (including branch numbers, if any; hereinafter the same shall apply) or images, and the purport of the whole pleadings
2. The parties' assertion
A. At the time of the Plaintiff’s assertion, the Defendant’s vehicle entered the intersection without temporarily stopping in a situation where red signal is on-and-off, and the Defendant’s vehicle entered the intersection at the latest than the Plaintiff’s vehicle. The responsibility for the instant accident lies entirely on the Defendant’s vehicle.
B. The Defendant’s argument that the Plaintiff’s vehicle invadeds a one-lane, which is the right-hand left-hand turn before entering the intersection, and the Plaintiff’s vehicle enters the intersection and runs slowly.