구상금
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. On January 9, 2019, the Plaintiff’s insured vehicle (hereinafter “Plaintiff’s vehicle”) in the instant accident insurance relation between the insurers of the vehicle involved in the traffic accident entered the said intersection where the Plaintiff’s insured vehicle (hereinafter “Defendant’s vehicle”) Defendant’s deducted Vehicle C (hereinafter “Defendant’s vehicle”) was located at the location of 04:00 on January 9, 2019, Gangseo-gu, Gangseo-gu, Gangseo-gu, Gangseo-gu, Seoul Special Metropolitan City, the Plaintiff’s vehicle involved in the instant accident was moving to the said intersection where the Plaintiff’
The Defendant’s vehicle’s approach from the right side of the Plaintiff’s vehicle to the side side of the intersection (e.g., the intermediate degree of the intersection) was turned down with the front side of the Defendant’s vehicle.
Details of the payment of insurance proceeds of KRW 9,90,000 on the Plaintiff’s vehicle by February 25, 2019, and deduction of KRW 500,000 on the Plaintiff’s share.
(a) Circumstances, etc. involving accidents;
B. On the entry direction of the Defendant’s vehicle to determine negligence, one-way passage is prohibited after passing through the intersection.
Therefore, in order for Defendant vehicle to pass through the intersection of this case, the order of priority in passage shall be deemed to exist on the Plaintiff vehicle, which is a straight-way vehicle, barring any special circumstance, and the Defendant left the intersection and left the vehicle late later, and the Defendant vehicle driver at that time stopped at 0.064% of blood alcohol level, and at the same time the instant accident occurred. In full view of the following: (a) the occurrence of the instant accident occurred due to the negligence of the Defendant vehicle entering the intersection by wrong entry into the intersection; (b) however, the Plaintiff vehicle might sufficiently avoid the accident if it was driven by a vehicle entering the intersection at night; and (c) the Plaintiff vehicle was negligent in the Plaintiff’s failure to properly drive the vehicle; and (d) there was a mistake that the vehicle did not immediately stop immediately after the collision.
In light of the above circumstances of the accident, the plaintiff vehicle and the defendant vehicle.