구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. On December 21, 2016, around 06:10 on December 21, 2016, the Plaintiff’s vehicle opened the intersection in front of D in the north-Gu C at Port-si, and is proceeding on the right side of the Plaintiff’s vehicle.
The Defendant’s vehicle that was bypassed was the front part of the left-hand part of the Plaintiff’s vehicle, with the rear wheel part of the lower right-hand part.
(hereinafter referred to as “instant accident”). C.
On February 1, 2017, the Plaintiff paid KRW 1,024,00 as insurance money. D.
(1) The driver of any motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled, shall yield the right of way to other motor vehicles, when any other motor vehicle is already traveling through the intersection.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 7 evidence, Eul's 2 evidence (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The instant accident is due to the former negligence of the Defendant’s driver who did not temporarily stop or yield to the Plaintiff’s vehicle that had already entered the intersection. The same holds true even if the Defendant’s vehicle seeks to drive directly without a right-hand route. Therefore, the Defendant is obligated to pay the Plaintiff the insurance proceeds of KRW 1,024,00 paid by the Plaintiff at the repair cost of the Plaintiff’s vehicle, and the damages for delay thereof. (ii) At the time of the Defendant’s assertion, the Defendant’s vehicle was not intended to make a right-hand at the intersection, but the Defendant’s vehicle was passing through the intersection in a direct angle with the Plaintiff’s vehicle, and the Defendant’s vehicle was not entirely responsible for the instant accident.
(b).