1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

�구취지...

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with C Vehicle (hereinafter “Plaintiff”) including the time when the Plaintiff is named the driver.

The Defendant is an insurer who has concluded an automobile insurance contract with D vehicles (hereinafter referred to as “Defendant vehicles”) including when the Defendant refers to the driver.

B. At around 18:05 on October 4, 2019, the Defendant vehicle in which the instant accident occurred, going straight along a private-distance intersection without signal lights around the F plant located in Kusi-si, Si (hereinafter “instant intersection”), and the right part of the Plaintiff vehicle, which was straight from the left part of the Defendant vehicle and passed the instant intersection, was shocked into the front part of the Defendant vehicle.

(hereinafter referred to as “instant accident”). C.

On October 23, 2019, the Plaintiff paid 1,988,208 won, excluding the remainder of 496,000 won of self-paid expenses of the insured among the 2,484,208 won for the repair costs of the Plaintiff’s vehicle caused by the instant accident, to the Plaintiff in the Plaintiff’s vehicle insured.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 8, Eul's 1 through 5, the purport of the whole pleadings and arguments

2. The parties' assertion

A. The gist of the Plaintiff’s assertion was that the Plaintiff’s vehicle entered the instant intersection rather than the Defendant’s vehicle without signal, etc., but the Plaintiff’s vehicle was driving on the wide road of the second line, and the Defendant’s vehicle was driving on the narrow road of the first line. As such, the Defendant’s vehicle had concessioned the course to the Plaintiff’s vehicle in accordance with Article 26(1) and (2) of the Road Traffic Act.

Nevertheless, the Defendant’s vehicle temporarily stops before entering the instant intersection or proceeds at a high speed without going through, and thus, the instant accident occurred, and thus, the Defendant’s liability for the instant accident lies entirely on the Defendant’s vehicle.

The plaintiff shall pay the plaintiff vehicle's repair cost of KRW 1,988,208 to the plaintiff vehicle insured, as prescribed in Article 682 of the Commercial Act.