1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C vehicles owned by B (hereinafter “Plaintiff”), and the Defendant is a person who drives a vehicle with the Plaintiff’s vehicle at the time of the instant traffic accident, which is deemed to be below.

B. On January 6, 2012, around 15:45, the Plaintiff’s vehicle runs straight along the two-lanes of the three-lane road in front of the E store located in Busan Shipping Daegu, to pass the intersection, and there was a conflict with Defendant Oba crossing the said road to the right side from the left side of the driving direction of the said Plaintiff’s vehicle.

(hereinafter referred to as “instant traffic accident.” At the time, the Plaintiff’s vehicle was making a direct driving with the straight-line signal, and there was a traffic sign prohibiting the direct driving of the Plaintiff’s vehicle to the direction of its driving (the direction of crossing from the left side of the Plaintiff’s driving direction to the right side).

C. On January 20, 2012, the Plaintiff paid KRW 4,671,90 with the repair cost of the Plaintiff’s vehicle due to the instant traffic accident.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, Eul evidence Nos. 1 (including paper numbers) and 3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The Plaintiff’s assertion that the instant traffic accident occurred due to Defendant Oral Ba, disregarding the traffic sign prohibiting a direct progress. The Plaintiff, as the insurer of the Plaintiff’s vehicle, paid the repair cost of the Plaintiff’s vehicle due to the instant traffic accident, and thereby, acquired the Plaintiff’s claim for damages against Defendant Oral Ba by subrogation by the insurer under Article 682 of the Commercial Act. Accordingly, the Defendant, as the driver of Oral Ba, has the duty to compensate the Plaintiff for the damages of the Plaintiff’s vehicle due to the instant traffic accident. 2)