1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Basic Facts

The relevant Plaintiff is an insurer who has concluded each automobile insurance contract with B rocketing (hereinafter referred to as “Defendant”) with respect to Abeer (hereinafter referred to as “Plaintiff”).

On July 17, 2016, around 18:40 on July 17, 2016, when the instant accident occurred, the front part of the Plaintiff’s vehicle entering into the intersection near Seo-gu Daejeon (hereinafter “instant intersection”) and the left part of the left part of the Defendant’s vehicle driving the instant intersection at the time, at the time, into the intersection (hereinafter “instant accident”).

The point at which the accident occurred is an intersection without a separate signal apparatus, and the traffic control was not performed at the time of the accident.

The plaintiff paid 684,650 won to the passengers of the defendant vehicle for the purpose of medical treatment, etc.

[The ground for recognition] A’s evidence 1 through 7, Eul’s evidence 1, Eul’s evidence 1, Eul’s evidence 2, and Eul’s argument to the purport of the whole pleadings, and the Plaintiff’s assertion to the purport of the whole pleadings, the Plaintiff’s vehicle’s argument to turn to the left slowly, and even though the Defendant’s vehicle entered the instant intersection, it did not temporarily stop and entered the instant intersection and caused the instant accident. Thus, the ratio of negligence caused by the instant accident is 40%.

Therefore, the defendant is obligated to pay to the plaintiff 273,860 won and damages for delay equivalent to 40% of the negligence ratio of the defendant's vehicle.

The Defendant’s assertion that the instant accident occurred due to the unilateral negligence of the Plaintiff’s vehicle, which was immediately left to the intersection of this case without properly verifying the Defendant’s vehicle that entered the intersection of this case without signal apparatus.

Judgment

The driver of any motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled by the relevant Acts shall yield the course to other motor vehicles when the motor vehicle is already traveling through the intersection.