The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. Around April 13, 2019: (a) around 09:11, the Plaintiff’s vehicle, who was running along the right side of the Defendant’s vehicle and the number plate of the Plaintiff’s vehicle, were in conflict with the lower part of the Defendant’s driver’s seat, driving on the right side, while crossing the private street crossing on the side road without a signal, etc. of the Seocho-gu Seoul Seocho-gu

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

On May 17, 2019, the Plaintiff paid KRW 3,438,00,00, after deducting KRW 500,000 of the self-paid cost from the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Reasons for Recognition] Gap evidence Nos. 1 through 5, 7 (including each number), Eul evidence Nos. 1, 2, 5 through 8, or the purport of the whole pleadings

2. The parties' assertion

A. At the time of the instant accident, the Plaintiff’s vehicle entered the intersection while straightening along as well as entering the intersection, and the Defendant’s vehicle is driving in a narrowway.

Since it was late after the intersection, the instant accident occurred by the total negligence of Defendant vehicle.

B. The instant accident occurred at the intersection of a similar width where traffic control is not performed by signal apparatus, and the Plaintiff’s vehicle does not seem to have clearly entered the intersection. As such, the Defendant’s vehicle’s right of passage is given priority to the Defendant’s vehicle driving on the right-hand side, so the error ratio of the Plaintiff’s vehicle is at least 60%.

3. Determination

A. (1) Article 22(6) of the Road Traffic Act provides that all vehicles seeking to enter an intersection in which the traffic is not controlled shall slow down when the width of the intersection is wider than that of the road on which the vehicle is passing, and when there are other vehicles seeking to enter the intersection from the road with a wide width, they shall do so.