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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The circumstances leading up to the instant accident are as follows.
At the time of the accident, the insured vehicle CD, at the time of the accident, of January 8, 2018 at 08:45, in the vicinity of the FF Bank located in Bupyeong-gu, Incheon at the time of the accident, the vehicle of the plaintiff, in the situation of the collision, at four-lanes in front of the FF Bank located in Bupyeong-gu, Incheon, Bupyeong-gu, the direction of the new village distance, coming from the direction of the new village distance, while the defendant vehicle, which was proceeding in the direction of H apartment in the direction of the plaintiff's moving direction in the direction of the vehicle in violation of the crossing signal signal, was shocking the front side of the left side of the vehicle of the plaintiff's moving direction. On April 18, 2018, the payment of the insurance money was 1,708,100 won for the repair expenses of the plaintiff's vehicle, without dispute over the facts that there is no dispute over the plaintiff's self-payment charges / [applicable], subparagraphs 1 through 4, 6, 13, and 1 of the film.
2. The parties' assertion
A. The Plaintiff’s instant accident, despite being red signal, was in violation of the signal, was caused by the former negligence by the Defendant’s driver, who did not reduce speed, and the Plaintiff’s driver was extremely difficult to find the Defendant’s vehicle crossinging the intersection in violation of the signal, and such situation was not particularly foreseeable. Therefore, the Defendant is obliged to pay the Plaintiff the full amount of the repair cost paid by the Plaintiff, who acquired the right of compensation by subrogation, to the Plaintiff.
B. Since the Plaintiff’s driver was at fault, even though he was in a situation where the Defendant’s vehicle was fully aware of the Defendant’s vehicle at the time of the instant accident, and was at fault when he was sent to a green signal, the Plaintiff’s driver’s negligence should be considered in calculating the rate of negligence on the occurrence of the instant accident.
3. Determination
(a) on the basis of, inter alia, the facts in question;