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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. The Plaintiff is an insurer who has entered into an automobile insurance contract with C (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with D two-wheeled vehicle (hereinafter “Defendant vehicle”).
B. On January 28, 2018, at around 17:50, the Plaintiff’s vehicle entered the Plaintiff’s right side of the vehicle and the Defendant’s left side of the vehicle (hereinafter “instant accident”) while the signal signal was changed to a green light along the red light of the moving direction signal apparatus in the vicinity of the Croud road in Seocho-gu Seoul, and the signal was changed to a green light. The Defendant’s vehicle entered the Plaintiff’s right side and the left side of the vehicle (hereinafter “instant accident”).
C. On March 20, 2018 and on March 21, 2018, the Plaintiff paid KRW 888,900 for the repair cost of the Plaintiff’s vehicle as the insurance amount according to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that the instant accident occurred since the Defendant’s vehicle’s access to the right side of the Plaintiff’s vehicle was merely an entry prohibition zone to the Plaintiff’s vehicle.
Therefore, the accident of this case is caused by the total negligence of the driver of the defendant vehicle.
B. The Defendant’s assertion that the instant accident constituted competition between the Plaintiff’s driver’s front-side and left-hand driving duty, and the violation of the duty of safe driving duty, and the driver’s fault ratio reaches 40%.
3. Determination
A. According to Article 2 subparagraph 14 of the Road Traffic Act and Article 13 (5) of the Road Traffic Act, drivers of motor vehicles and riders of horses shall not enter places where entry is prohibited by safety signs, such as safety zones. The safety zone here refers to the part of the road indicated by safety signs or other artificial structures similar thereto for the safety of pedestrians crossing the road or motor vehicles and horses passing through.
In addition, vehicles under the Road Traffic Act.