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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
The defendant.
Reasons
1. In fact, the Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A vehicles (hereinafter “Plaintiffs”). The Defendant is a traffic police officer who has sent water signals at the site of the instant accident, as seen below.
Plaintiff
On March 8, 2016, the driver of the vehicle driving the Plaintiff on March 10:04, and driving the 279 road to the Jongno-gu Seoul Jongno-gu Changnam-si, Seoul, as the Hycho-si, to the Hyeung elementary school. The driver suspended the vehicle in accordance with the stop signal when it comes to the Hyeung-ro.
However, the police officer sent a sign to the plaintiff vehicle in order to assist the plaintiff's proceeding of the first-aid vehicle, which discovered that the driver could not proceed due to the plaintiff's vehicle whose first-aid vehicle was stopped by sounding a siren and turning a warning light.
Plaintiff
While entering the street according to the above reception, the vehicle conflicts with B-rolling stock (hereinafter referred to as "nurged vehicle") that was driven in accordance with the mutual benefits elementary school in the face of the university.
On May 19, 2016, the Plaintiff paid insurance proceeds of KRW 4,615,690 at the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 to 4, or the purport of the whole pleadings
2. Occurrence of and limitation on liability for damages;
A. In order for a traffic police officer to control traffic by means of signals, etc. different from that of signals, a traffic police officer should, in order to prevent any confusion between signals, etc., flickering or shift all direction signals, etc. by red lights, give drivers of vehicles entering the intersection with water signals at the same time, and faithfully examine the vehicle that will proceed with the signal and other vehicles in a place where the vehicle is passing through, but at the time of the accident, the traffic police officer did not fulfill the above measures and duty of care.
In addition, the driver of the vehicle is also the driver of the vehicle.