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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicles (hereinafter “Plaintiffs”). The Defendant is the driver of C vehicle (hereinafter “Defendant”).
B. On January 13, 2015, at around 09:27, the Plaintiff’s vehicle: (a) entered the southyang-dong road to the southyang-dong road to the southyang-do road in front of the Namyang-dong Public Health Center; (b) in order to proceed to the south-do road to the southyang-do road; (c) the Defendant’s side on the right side of the Defendant’s vehicle, which was left right from the left side
(hereinafter referred to as “instant accident”). C.
On January 28, 2015, the Plaintiff paid KRW 8,251,700 for the damage of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 3, video (including branch numbers), the purport of the whole pleadings
2. Determination
(a) When intending to drive a motor vehicle into the intersection where a safety sign indicating a temporary suspension or concession is installed, the driver of any motor vehicle in charge of the original motor vehicle shall temporarily stop or yield to the intersection so as not to impede the passage of other motor vehicles (Article 25 (6) of the Road Traffic Act), the driver of any motor vehicle who intends to drive a motor vehicle into the intersection where traffic is not controlled shall yield the course to other motor vehicles when the other motor vehicles are already traveling into the intersection (Article 26 (1) of the Road Traffic Act), and the driver of any motor vehicle who intends to drive a motor vehicle to the intersection where the traffic is not controlled, shall yield the course to the other motor vehicle when the other motor vehicles are traveling into the intersection (Article 26 (1) of the Road Traffic Act), and when the width of the road is wider than that of the road where the motor vehicle is traveling, he/she shall yield the course to the other motor vehicle (Article 26 (2) of the
(Article 3 (3) of the same Act). The above evidence and Gap.