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. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with B-owned vehicles (hereinafter “Plaintiff-owned vehicles”) and the Defendant is the insurer who has concluded the automobile insurance contract with C-owned vehicles (hereinafter “Defendant-owned vehicles”).

B. At around 10:20 on August 20, 2016, near the Geumyang-dong Korea National Land Information Corporation, the Defendant’s vehicle, who was in the direction of Chuncheon from the third line on the 3rd line of the 3rd line of the 3rd line of the 3rd line of the 3rd line of the 4rd line of the 3rd line of the 3rd line of the 3rd line of the 3rd line of the 4rd line of the 4rd line of the 1st head of the 1st direction of the Plaintiff vehicle (hereinafter “the instant accident”).

C. On August 24, 2016, the Plaintiff paid KRW 833,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence No. 1 and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion was almost passing through the instant intersection where the Plaintiff’s vehicle had no signal, etc., and the Defendant’s vehicle entered the intersection and caused the instant accident by violating the duty of safe driving. In other words, the instant accident occurred due to the Defendant’s previous negligence on the part of the Defendant’s driver. As such, the Defendant should pay the Plaintiff the insurance money paid by the Plaintiff to the Plaintiff and the damages for delay thereof. 2) The Defendant’s assertion that the instant accident occurred concurrently due to the Plaintiff’s negligence on the part of the Plaintiff’s vehicle in the intersection and the negligence on the part of the Defendant’s vehicle in neglect of the duty of safe driving.

B. Article 26(1) of the Road Traffic Act provides that “The driver of a vehicle who intends to drive a motor vehicle into the intersection where traffic is not controlled shall yield the right of way to other motor vehicles, when there are other motor vehicles already entering the intersection.”