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 a mutual-aid business operator who entered into a car mutual-aid agreement with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On July 12, 2017, at around 02:39, the Defendant’s vehicle was running along the intersection in which the traffic control was not conducted near 5-ro 128-gil, Gangnam-gu, Seoul (hereinafter “instant intersection”), and the Plaintiff’s vehicle was damaged by collisioning the front part of the left part of the Plaintiff’s vehicle passing the instant intersection with the front part of the right side of the Defendant’s vehicle, which is facing the front side of the Defendant’s vehicle, with the front side of the instant intersection, from the intersection to the front side of the instant intersection, on the front side of the instant vehicle (hereinafter “instant accident”).

C. On August 10, 2017, the Plaintiff paid KRW 6,346,00 in total as repair cost of the Plaintiff’s vehicle (= KRW 3,640,000 in total).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1 (including each number of evidence) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s intersection is an intersection where traffic is not controlled, and the width is wider than that of the Defendant’s vehicle, and the Defendant’s vehicle’s road is the right-hand side of the Defendant’s vehicle, and the Plaintiff’s preferential right of passage has been granted to the Plaintiff’s vehicle. Since the instant accident occurred due to the principal negligence that the Defendant’s driver did not yield the course to the Plaintiff’s vehicle, it is reasonable to view the negligence ratio between the Plaintiff’s vehicle and the Defendant’s vehicle as 10:90.

B. The Defendant’s instant accident occurred due to the Plaintiff’s failure to yield or bound the course even if the Defendant’s vehicle entered the instant intersection, and thus, at least 70% of the Plaintiff’s negligence.