Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

Claim:

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to D vehicles (hereinafter “Plaintiff vehicles”). The Defendant is an insurer who has entered into an automobile insurance contract with respect to E vehicles (hereinafter “Defendant vehicles”).

B. At around 11:00 on December 27, 2018, the Defendant’s vehicle shocked the Plaintiff’s vehicle located in F at the intersection without any signal located in the central nine-lane (hereinafter “instant intersection”) from the bank of G in the same H restaurant to the same H restaurant room at the same H restaurant, while the vehicle was located in the 11:00 on the 11:00 on the 27th day of the city.

(hereinafter “instant accident”). C.

By May 3, 2019, the Plaintiff paid KRW 2,451,000 (excluding KRW 200,000,000) as insurance money at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination

A. The following circumstances acknowledged by the evidence revealed earlier, i.e., (i) the intersection does not have a signal apparatus installed, and the Plaintiff’s vehicle and the Defendant’s vehicle have to enter the intersection of this case with due care as to the passage of the other party vehicle; (ii) the instant intersection at the time of the instant accident, the Plaintiff’s vehicle, and the Defendant’s vehicle entered the intersection of this case; and (iii) the front part of the Defendant’s vehicle at the time of the instant accident and the front part of the Plaintiff’s vehicle were shocked, the Plaintiff’s vehicle appears to have entered the intersection of this case, and ④ the Defendant’s vehicle was proceeding on the right side of the Plaintiff’s vehicle, and the width of the road that the Defendant’s vehicle was proceeding is wider than that of the Defendant’s vehicle, and thus, the Plaintiff’s vehicle and the Defendant’s vehicle have to enter the intersection of this case with a priority right to enter the intersection of this case.