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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. Basic facts
A. As to the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”), the Defendant is the insurer who concluded each automobile insurance contract with respect to D vehicles (hereinafter “Defendant’s vehicle”).
B. On May 3, 2018, around 12:55, the Plaintiff’s vehicle passes the intersection by straight lines from the two-lanes indicated above the two-lanes at the intersection near the Si-U.S.S. 2-dong, Busan, and where the Defendant’s vehicle waiting on the following two-lanes in the two-lanes of the road, the vehicle waiting on the one-lanes in the direction of the Plaintiff’s vehicle’s running at the intersection, and the front part of the Plaintiff’s vehicle and the rear part of the vehicle conflict with each other.
Plaintiff
The entry of the vehicle and the defendant's vehicle was the place where the one-lane is reduced by the intersection.
C. On May 25, 2018, the Plaintiff paid KRW 522,260 (excluding KRW 200,000 for self-charges) at the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence No. 1 and the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to Article 5(1) of the Road Traffic Act, drivers of motor vehicles and riders of horses shall follow signals and instructions expressed by traffic safety facilities.
However, according to the above facts, since the driver of the defendant vehicle violated the duty prescribed in the above law by proceeding directly to the left-hand turn on the road, it is reasonable to view that the driver of the defendant vehicle caused the accident of this case by unilateral negligence.
Therefore, the fault ratio of the driver of the Defendant vehicle in the instant accident is recognized as 100%.
B. The fact that the Plaintiff, the insurer of the Plaintiff vehicle, who is the insurer of the Plaintiff vehicle, paid the insurance proceeds of KRW 522,260 as the repair cost of the Plaintiff vehicle is as seen earlier. Accordingly, the Defendant vehicle driver is exempted from liability for damages corresponding to the rate of 100% of the above 522,260 won.