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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. At the time of the instant accident, the Plaintiff’s vehicle entered the said intersection on March 2, 2019 at the private-distance intersection with the Defendant Company CD temporarily 00:0 on March 2, 2019 at the time of the instant accident. The Plaintiff’s vehicle entered the said intersection on the two-lane road along which there was no signal signal, etc. near the Shicheon-si, Y-si. However, at the right side of the Plaintiff’s vehicle driving direction, the part of the front part of the Defendant vehicle entering the said intersection from the front part of the vehicle and the rear part of the Plaintiff’s vehicle’s right side (hereinafter “instant accident”), which conflict (i.e., “the instant accident”), KRW 3,236,000 for the repair cost of the Plaintiff vehicle 3,436,000 for the Plaintiff’s vehicle - Self-paid 20,000 won for the payment date of the mutual-aid money for self-paid vehicle damage security / [Recognition of the instant accident]
2. Determination
A. In light of the following circumstances, it is reasonable to view the negligence ratio between the Plaintiff’s driver and the Defendant’s driver as 20%: 80%.
(1) The driver of any motor vehicle who intends to drive a motor vehicle into an intersection in which traffic is not controlled, shall slowly drive the motor vehicle, if the width of the intersection is wider than that of the road on which the motor vehicle is traveling, and when any other motor vehicle intends to drive a motor vehicle into the intersection from a road with a wide width, he/she shall yield
(Article 26(2) of the Road Traffic Act. The road along which the Plaintiff’s vehicle is running is the two-lane road along which the center line is installed, and the designated parking section is installed in the two-lanes, but it is reasonable to view the house in which the Defendant’s vehicle is running as to the side road. Therefore, it is reasonable to view the Plaintiff’s vehicle as being the side road. In light of the conflict level, the Plaintiff’s vehicle has priority over the intersection traffic, and the Plaintiff’s vehicle entered the intersection.