2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[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 the insurer who has concluded the automobile insurance contract with respect to D Vehicle (hereinafter “Defendant”).

B. At around 17:00 on January 24, 2019, the Plaintiff’s vehicle driven the 1-lane Do road in the Jinju-si, Jin-si into the Jinsi-si, Jinsi-si, and went to the left at the private-distance intersection (hereinafter “instant intersection”) prior to reaching the upper intersection, while driving to the left at the private-distance intersection (hereinafter “instant intersection”), the Jinju-si, Jin-si, and going to the right to the left at the right to the right to the left at the distance of the mountain, and then came to the right to the right to the right to the left at the distance of the instant intersection, and then there was an accident that conflicts with the Defendant’s vehicle that made a right-hand turn to the instant intersection (hereinafter “instant accident”).

C. On January 30, 2019, the Plaintiff paid the insurance proceeds of KRW 594,970,000 in total, except for the amount of KRW 200,000,00 for the repair cost of the Plaintiff’s vehicle due to the instant accident.

【Fact-finding without a dispute over the grounds for recognition, Gap’s evidence 1 through 6, 8 through 10, Eul’s evidence 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) the Defendant’s vehicle affected the safety zone before entering the instant intersection, and the Plaintiff’s vehicle entered the instant intersection without yielding the course despite having entered the said intersection, and the instant accident occurred by negligence by the Defendant’s driver.

If the plaintiff vehicle intrudes the central line while making a left-hand turn, there is no causal relationship with the accident in this case.

(2) The Defendant’s vehicle affected the center line to turn to the left, and the Plaintiff’s vehicle entered the instant intersection without speeding the yellow light signal installed in the direction of the Plaintiff’s driving at the instant intersection. As such, the instant accident is the driver of the Plaintiff’s vehicle.