1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

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

B. On December 20, 2015, while the Defendant’s vehicle entered the right side of the intersection in front of Dongjak-gu Seoul Metropolitan Government (hereinafter “instant intersection”), there was an accident where the left side of the Plaintiff’s vehicle and the right side of the Defendant’s vehicle are shocked (hereinafter “instant accident”).

C. By January 5, 2016, the Plaintiff paid the insurance proceeds of KRW 3,250,000,000, in total, KRW 400,000,000, as the repair cost for the Plaintiff’s vehicle, to D who suffered from the instant accident.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 4, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff asserts that the instant accident occurred in violation of the duty to temporarily stop the Defendant’s vehicle when making a left-hand turn at a three-distance and to yield it to the straight-on vehicle, and the Plaintiff paid the said insurance money and exempted the Defendant, and that the Defendant is liable to pay the Plaintiff the full amount of the insurance money paid by the Plaintiff and the compensation for its delay among the vehicle drivers. 2) The Defendant asserts that the Defendant has the obligation to pay the Plaintiff the full amount of the insurance money paid to the Plaintiff and the compensation for its delay as compensation. 2) The Defendant entered the intersection after checking the vehicle that the Defendant’s vehicle was directly located on the right-hand right-hand side, so the instant accident occurred after the Plaintiff’s vehicle entered the intersection

B. Article 26(1) of the Road Traffic Act provides that “The driver of a vehicle who intends to drive a vehicle into the intersection where traffic is not controlled shall enter the intersection.”