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 respect to A (hereinafter “Plaintiff”) and the Defendant is an insurer who has concluded an automobile insurance contract with respect to B (hereinafter “Defendant”).

B. On July 28, 2014, around 1:15, the Plaintiff’s vehicle driven along the three-lanes around the D store in Gwangju Dong-gu, Gwangju, along the three-lanes of the D store, and was trying to enter the two-lanes of the D store narrow to the third-lane, an accident that conflicts with the Defendant’s vehicle entering the right side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. From August 14, 2014 to August 20, 2014, the Plaintiff paid KRW 326,000 for the repair cost of the Plaintiff’s vehicle as the insurance money for the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence Nos. 4 through 7, Eul evidence Nos. 2 through 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. The following circumstances, which are acknowledged by comprehensively taking account of the negligence ratio of the Plaintiff and the Defendant’s vehicle and the overall purport of the evidence revealed prior to the occurrence of liability for damages, namely, the Plaintiff’s vehicle went straight along the three-lanes of the Plaintiff’s four-lane road and entered the two-lanes of the three-lane narrower road along the intersection. According to the Plaintiff’s black picture, there was no vehicle confirmed on the right side of the Plaintiff’s vehicle at the time when the Plaintiff’s vehicle arrives after signaled to pass through the intersection, and the vehicle starts up at the time when the Plaintiff’s motor vehicle goes through the intersection, and it was confirmed that the vehicle conflicts with the Plaintiff’s vehicle at the right side of the Plaintiff’s vehicle at the time of entering the two-lane speed narrower road. In light of the Plaintiff’s vehicle’s vehicle driving mode, the shock level of the Plaintiff’s vehicle and the Defendant’s vehicle, the final stop location, the speed of the Defendant’s vehicle, etc., prior to the passing of the intersection.