1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A and B (hereinafter “Plaintiff”) and the Defendant is the insurer who has entered into an automobile insurance contract with C (hereinafter “Defendant”).

B. On February 16, 2011, at around 20:19, the Defendant’s vehicle: (a) went forward to the intersection of the Jindong-dong community service center at Sungnam-si, Sungnam-si; and (b) the signal of the front side was changed to a yellow signal in blue-si; and (c) the Defendant’s vehicle conflicts with the wind to enter the intersection by straighting the signal of the front side of the Plaintiff vehicle, which was left left pursuant to the new subparagraph, even if it was changed to the yellow signal.

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

On September 25, 2014, the Plaintiff paid KRW 459,300 for the repair cost of the Plaintiff’s vehicle as insurance money with respect to the foregoing accident.

[Evidence] Facts without dispute, Gap evidence Nos. 3 and 12, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, since the accident of this case occurred by negligence that the defendant's vehicle was in violation of the signal, the defendant is liable to compensate the owner of the plaintiff's vehicle for the damage caused by the accident of this case. However, it can be deemed that the driver of the plaintiff's vehicle contributed to the occurrence of the accident of this case and the expansion of damage by negligence of left-hand turn pursuant to the changed new code without confirming whether there is another vehicle that is being driven in violation of the signal immediately after the alteration of the crossing signal. Thus, the responsibility of the defendant's vehicle related to

Therefore, as to the instant accident caused by joint tort between the Plaintiff and the Defendant, the Plaintiff paid the repair cost of the Plaintiff’s vehicle in full, and thus, the Defendant is obligated to pay the Plaintiff the amount of KRW 367,440 corresponding to the ratio of liability of the Defendant vehicle (=459,300 x 80%) and damages for delay.

(b).