beta
Text
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 90,108 as well as to the plaintiff on June 13, 2018.
Reasons
Basic Facts
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 vehicle (hereinafter “Defendant vehicle”).
Plaintiff
Around 21:40 on May 12, 2018, the vehicle made a left turn to the left without making a temporary stop in the situation where the first line road is located near the FF Middle School E located in the Asia-si, while there is a red on-and-off signal for Twit lines.
The Defendant’s vehicle did not avoid the Plaintiff’s vehicle at the above intersection where a yellow on-and-off signal is going to the right side of the Plaintiff’s vehicle while driving the two-way crossing above the same view, and did not avoid the Plaintiff’s vehicle at the above intersection, and shocked the front part of the Defendant’s vehicle with the front part.
(hereinafter “instant accident”). On June 12, 2018, the Plaintiff paid KRW 450,540 at the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] The following facts and circumstances, which can be acknowledged by comprehensively considering the purport of the entire arguments and the overall purport of the arguments, prior to the determination of the error ratio in judgment of the purport of Gap's evidence and the whole pleadings, are the following facts and circumstances, i.e., ① in the case of a red on-and-off signal, the vehicle shall temporarily stop in the right and the right before a stop line or intersection (Article 4 (1) of the Road Traffic Act, Article 6 (2) and attached Table 2 of the Enforcement Rule of the Road Traffic Act, Article 6 (2) of the Enforcement Rule of the same Act). The driver of the vehicle who intends to make a left-hand turn at an intersection where traffic is not controlled, (2) in the absence of dispute, the driver of the vehicle who intends to make a left-hand turn at the intersection where there is another vehicle going through the intersection, shall yield the course to the other vehicle, and (3) in the event of a yellow on-and-off signal, the vehicle shall proceed with other traffic due care (Article 4 (1);