1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. Facts of recognition;

A. The following are the developments leading up to the accident (hereinafter “instant accident”).

At the time of the accident, the insured vehicle of the Plaintiff related to the insurance (hereinafter “Plaintiff”), Defendant Insured Vehicle C (hereinafter “Defendant Vehicle”) around June 4, 2018, around June 11:55, 2018, at the time of the accident, the Defendant vehicle 22 post office distance collision situation at the northwest-si, Gyeonggi-do, Kimpo-si, Kimpo-si, Kimpo-do, driving on the right side of the Plaintiff vehicle, which was left right side from the left side of the running direction of the Defendant vehicle.

B. On July 11, 2018, the Plaintiff paid KRW 7,630,000 as insurance proceeds (hereinafter “instant insurance proceeds”) for the total loss of Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 5, 7, and 8 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff asserts that the accident of this case occurred due to the total negligence of the driver of the defendant vehicle, and the defendant is obligated to pay the total amount of the insurance money of this case to the plaintiff as the insurer of the defendant vehicle.

(2) As to this, the defendant asserts that the accident in this case occurred by the negligence of the plaintiff driver and the defendant driver, so the negligence of the plaintiff driver should be considered.

B. (1) Determination is based on the following circumstances: (a) the Plaintiff’s vehicle first entered the intersection where the instant accident occurred; (b) the Defendant’s vehicle driver neglected, neglecting, inter alia, the signal of red-defluence is moving, and the instant accident occurred at the time when the Plaintiff’s vehicle almost pass through the intersection; and (c) it appears that the Plaintiff’s vehicle driver could not have anticipated the above abnormal traffic of the Defendant vehicle; and (d) the background and the collision of the instant accident.