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

Purport of claim and appeal

1..

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with D Vehicle (hereinafter “Defendant Vehicle”).

B. On August 8, 2018, the Plaintiff’s vehicle runs the side road in the middle of a shooting range without signal, etc. from the members E in Ansan-si, Ansan-si, and entered the intersection while entering the intersection, the Defendant’s vehicle entered the intersection by straighting the side road (the stop line) from the right side of the road. During that process, the Plaintiff’s vehicle was the front part of the Defendant’s vehicle and shocking the front part of the right side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. The instant accident occurred with KRW 12,256,240 as the repair cost of the Plaintiff’s vehicle, and the Plaintiff paid the remainder KRW 11,756,240 after deducting KRW 500,000 as the self-paid share on October 31, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff's vehicle has a major negligence in the occurrence of the accident of this case against the defendant vehicle who failed to perform the concession obligation, since it is evident that the plaintiff vehicle entered the intersection of this case, while the defendant asserts that the defendant has a preferential right to passage on the defendant vehicle entering the right side, so the plaintiff vehicle has a primary negligence in the occurrence of the accident of this case.

B. (1) Determination of the percentage of negligence is based on the following circumstances, namely, the intersection is an intersection without signal lights, and a certain width of the road cannot be objectively wide. As long as it cannot be readily determined that a vehicle among the original and the Defendant’s vehicles clearly entered the road at the time, the Defendant’s right of passage on the right direction shall be given to the Defendant’s vehicle.