1. Of the judgment of the court of first instance, KRW 4,232,042 against the Plaintiff and its related thereto from May 28, 2019 to October 23, 2020.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff Vehicle”). The Defendant is a mutual aid business operator who entered into an automobile mutual aid contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. On January 15, 2019, at around 02:19, the Plaintiff’s vehicle violated the signal at the 371 fugitive distance intersection with the Daegu Seo-gu Government Bond Compensation, and collisioned with the Defendant’s vehicle to turn to the left (hereinafter “instant accident”).

C. By May 27, 2019, the Plaintiff paid KRW 17,210,210 to the passenger E of the Plaintiff’s vehicle and the passenger F of the Defendant’s vehicle, etc. with the medical expenses and the amount agreed, and KRW 4,510,000 with the insurance proceeds from the total loss of the Plaintiff’s vehicle, and recovered KRW 560,000 with the remainder of the vehicle.

[Reasons for Recognition: Facts without dispute, Gap 1 through 6 evidence, Eul 1 evidence (including each number in the case where there are serial numbers), the purport of the whole pleadings]

2. The assertion and judgment

A. Although the Plaintiff’s alleged vehicle has entered the intersection where the instant accident occurred in violation of the signal, the Plaintiff’s allegation is likely to have caused the instant accident or to have increased the damage due to the Defendant’s significant violation of the limited speed, and the fault ratio of the Defendant’s vehicle is equivalent to 40%.

B. The Defendant’s assertion that the instant accident occurred due to the total negligence of the Plaintiff’s vehicle entering the instant vehicle in violation of the intersection signal.

C. In full view of the following circumstances, i.e., ① the collision of the Defendant’s vehicle, which the Plaintiff’s vehicle was directly on the face of the instant accident and left-hand turn in violation of the signal at the intersection where the instant accident occurred, and ② the Defendant’s vehicle also entered the instant accident at the intersection where the speed limit exceeds 60 km/h of the road at the time, and 105 km/h of the instant accident occurred.