Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1. Purport of the claim.

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

B. Around August 3, 2019: (a) around 08:15, the Defendant’s vehicle came to turn to the left on the right side of the Plaintiff’s vehicle, which moved to the right side of the said part on the left side of the said part, at the private-distance intersection in which the front side road and the back road are combined with the two roads, and the left side of the said part was shocked into the front side of the left side of the Defendant’s vehicle.

(hereinafter “instant accident”). C.

On August 27, 2019, the Plaintiff paid KRW 1,592,50,00 as insurance money after deducting KRW 370,000 from the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5, images, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) is an accident in which the Defendant’s vehicle, who had entered the intersection and had entered the intersection as soon as possible, was shocked. As such, the instant accident occurred due to the total negligence of the Defendant vehicle, which is the insurer of the Defendant vehicle, and the Defendant, the insurer of the Plaintiff vehicle, is obliged to pay the Plaintiff the insurance proceeds of KRW 1,592,50 and damages for delay paid by the Plaintiff at the repair cost of the Plaintiff vehicle.

(2) The Defendant’s intersection installed a temporary stop line in the direction where the Plaintiff’s vehicle was in progress, and the Defendant’s vehicle did not have a temporary stop line in the direction where the Defendant’s vehicle was in progress. Moreover, the Defendant’s vehicle immediately before the accident entered the intersection first, the instant accident occurred due to the principal negligence of the Plaintiff’s vehicle.

B. (1) Determination is made by comprehensively taking account of the aforementioned evidence and the purport of the entire pleadings as seen earlier.