1. Of the judgment of the court of first instance, the part against the plaintiff equivalent to the amount ordered to be additionally paid shall be revoked.

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. On February 23, 2019, around 13:02, the Defendant’s vehicle running at a rapid speed using a road (intersection) with no signal apparatus, where the Plaintiff’s vehicle traveling along the intersection in accordance with the straight-line signal of the signal apparatus at the intersection is shocked at the front of the Machip-dong, Gangnam-gu, Seoul.

(hereinafter referred to as “instant accident”). C.

On May 14, 2019, the Plaintiff paid 11,150,000 won for the repair cost of the Plaintiff’s vehicle due to the instant accident (the self-paid 500,000 won) as insurance money.

[Ground of recognition] The descriptions and images of Gap evidence Nos. 1 through 11, Eul evidence Nos. 1 and 2 (including each number, if any), and the purport of the whole pleadings

2. The parties' assertion

A. While the Plaintiff’s green signal had already been used at the intersection, the Defendant’s vehicle was illegally crossingd while the Plaintiff’s vehicle was normally driving at the intersection, and the instant accident occurred due to shocking the Plaintiff’s vehicle. Therefore, the fault ratio of the Defendant’s vehicle in the instant accident is 100%.

B. The Defendant’s assertion that the Plaintiff’s vehicle should also safely enter the intersection after well-fining the movement of the Defendant’s vehicle. However, the Defendant’s assertion was at fault.

3. Determination

A. In full view of the aforementioned facts and the purport of the entire arguments, the following circumstances, i.e., ① the Plaintiff’s vehicle had already passed more than half of the intersections in low speed while a green signal was already turned to the intersection, and some pedestrians already completed the crossings on the crosswalk installed along the right side of the direction of the Plaintiff’s vehicle. In such a situation, it is fast to the left side of the Plaintiff’s vehicle driving direction.