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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is a non-profit corporation established with individual taxi transport business entities located in Seoul Special Metropolitan City as its members, and has set up an ordinary meeting within the association and carries out the business of compensating for damages in accordance with the provisions of the ordinary meeting and the terms and conditions in case of damage to a member’s vehicle due to an accident during the period of possession, use, and management of the vehicle. Nonparty A is the owner of private taxi B (hereinafter “Plaintiff”) and the Plaintiff’s member is the member of the ordinary meeting.
B. The Defendant is an insurer who entered into a comprehensive automobile insurance contract with C Vehicle (hereinafter “Defendant Vehicle”).
C. Around 02:10 on February 2, 2015, the Plaintiff’s vehicle was running in the direction of the mountain-dong community service center in the direction of the mountain-dong community center in the middle-dong mountain-dong, Busan-dong, Ulsan-dong, Ulsan-dong, and the Defendant’s vehicle was driving ahead of it in the direction of the lake park. However, at the time when the Plaintiff’s vehicle reached the intersection stop line, the intersection signal was changed to a yellow on-and-off signal at the moment when the Plaintiff’s vehicle passed the said stop line, and the Defendant’s vehicle entered the intersection to cross the intersection in the direction of its course while the signal was a yellow on-and-off signal and the front side of the Plaintiff’s right side of the vehicle (hereinafter “instant accident”). D.
On March 9, 2015, the Plaintiff directly paid KRW 7,268,00 to the industrial company responsible for repairing the Plaintiff’s vehicle at its repair cost.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 7 (including branch numbers, if any), Eul evidence 1, or the purport of the whole pleadings
2. Occurrence and scope of liability for damages;
A. The plaintiff's assertion is that the plaintiff's vehicle entered the intersection by green signal and then the green signal is given.