1. The part of the judgment of the first instance against the defendant shall be revoked.

2. The plaintiff's claim against the above cancellation portion is dismissed.

3...

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is a passenger transport business entity who owns and uses B vehicles which are taxi vehicles (hereinafter “Defendant vehicle”).

B. On September 13, 2016, at around 09:15, the Plaintiff’s vehicle driven D hotel shooting distance in Gangnam-gu Seoul Metropolitan Government on the surface of the Mad Green Traffic (hereinafter “instant accident”) with the left-hand side of the Plaintiff’s vehicle running from the right-hand side of the running direction of the Plaintiff’s vehicle according to the Mad Green Process Signals, the occurrence of a traffic accident shocking the Defendant’s vehicle (hereinafter “instant accident”).

C. By September 28, 2016, the Plaintiff paid KRW 811,600 on the part of the owner of the Plaintiff’s vehicle for repair expenses.

[Ground of recognition] Facts without dispute, entry or video of Gap evidence Nos. 1 through 4, purport of whole pleadings

2. Determination

A. The plaintiff's assertion that the accident in this case occurred between the plaintiff's driver of the vehicle and the defendant's driver's negligence, and the defendant also is liable to compensate the plaintiff's driver's damages as the user of the defendant's vehicle. Thus, the defendant is liable to pay the plaintiff the amount stated in the claim equivalent to 30% of the defendant's driver's liability out of the plaintiff'

B. According to the images of Gap evidence Nos. 3 and 4, the distance, which is the location of the accident, is the intersection in which the traffic signal is installed only in the direction of the defendant vehicle. The defendant vehicle driver suspended to obtain the signal, but confirmed that the traffic signal of the intersection was changed to a green passage signal, and started from the slowly after a locking, and the plaintiff vehicle, when passing through the intersection in the direction without the traffic signal, shall cross the intersection by the vehicle of the defendant who received the traffic signal.