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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The circumstances leading to the instant accident are as follows.
At the time of the accident, the insured vehicle of the Plaintiff (hereinafter referred to as “Plaintiff”).
Defendant Insured Vehicle (hereinafter referred to as “Defendant Vehicle”)
C. On February 27, 2018, on February 27, 2018, the location of 09:11 is as shown in the summary map in the attached Form of the incident site in Nam-gu, Daegu.
The payment of insurance proceeds of KRW 1,128,000 as security for self-owned vehicle loss of KRW 200,000 (based on recognition) is without dispute; entries and images of evidence A of subparagraphs 1 through 5 and the purport of the whole pleadings
2. Determination
A. In full view of all the circumstances, including the fact of the negligence ratio of the plaintiff vehicle and the driver of the defendant vehicle, the background of the accident, the degree of conflict and shock, and the purport of the entire evidence presented above, it is reasonable to view that the negligence ratio of the plaintiff vehicle and the driver of the defendant vehicle is 50: 50.
① The instant accident site is an intersection under the Road Traffic Act, where traffic is not controlled, and the Plaintiff and the Defendant’s vehicle entered the intersection at the same time.
(2) Article 26 (3) of the Road Traffic Act provides that the driver of any motor vehicle who intends to enter an intersection where traffic is not controlled shall yield the way to the right side of the motor vehicle. Article 26 (2) of the same Act provides that the driver of any motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled shall yield the way to the right side of the motor vehicle. Article 26 (2) of the same Act provides that the driver of any motor vehicle shall yield the way to the other motor vehicle, if the width of the road crossings, is wider
On the other hand, while the F, which was traveling along the right side of the above intersection at the time of the accident of this case, seems to be wider than G in which the vehicle of this case was traveling through the Plaintiff.
③ The instant accident site is a house.