구상금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. The particulars of the instant accident are as follows.
On October 9, 2018, the Plaintiff’s insured vehicle (hereinafter “Plaintiff’s insured vehicle”) at the time of the accident, and the Plaintiff’s vehicle in the situation of the collision with the Defendant’s vehicle entering the said road in the right direction while staying in D, at around 15:00 on the day of October 15, 2018, the Plaintiff paid KRW 1,208,610, which deducts its own charges from its repair cost at the Plaintiff’s vehicle repair cost due to the instant accident. < Amended by Presidential Decree No. 2900, Oct. 26, 2018>
[Ground for Recognition: Each entry and video of evidence A1 to 9]
2. Assertion and determination
A. The parties’ assertion that the instant accident occurred due to the Defendant’s unilateral negligence, and the Defendant asserts that the Plaintiff should pay KRW 1,208,610, the total amount of the insurance proceeds to the Plaintiff, while the Defendant claimed that the Plaintiff was more erroneous to the Plaintiff’s driver.
B. (1) Article 26 (2) of the Road Traffic Act provides, “The driver of a vehicle who intends to enter an intersection where the traffic is not controlled shall slow down if the width of the intersection is wider than that of the road on which the vehicle is passing, and if there are other vehicles seeking to enter the intersection where the width is wider than that of the road on which the vehicle is passing, the vehicle shall yield the course to the vehicle.” The following circumstances acknowledged by the facts of recognition and the evidence mentioned above, namely, the defendant vehicle driver, who is the driver of the vehicle, can easily check the traffic conditions, including the access of the vehicle, because the vehicle is installed at the front of the direction of the vehicle. However, the defendant vehicle appears to have failed to comply with the above traffic and concession obligation in entering the intersection, considering that the main damaged part of the vehicle of the plaintiff vehicle is an even even door after the main damaged part of the vehicle, and thus, it conflicts with the defendant vehicle after the vehicle is already entering the intersection.