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1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
Purport of claim and appeal
(b).
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C vehicles (hereinafter “Plaintiffs”). The Defendant is a mutual aid insurer who has entered into an automobile mutual aid contract with respect to D vehicles (hereinafter “Defendant vehicles”) including the time when the driver is named.
B. On June 6, 2019, around 22:34, 2019, the Plaintiff’s vehicle passes the intersection in front of the Busan Southern-gu Busan Southern-gu E (hereinafter “instant intersection”) by straighting from G to H middle school in the direction of H middle school. However, the Defendant’s vehicle driving on the left from the right edge of the Plaintiff’s vehicle passes through the instant intersection in which the Plaintiff’s vehicle is located, and the Defendant’s vehicle driving on the left side from the right edge of the running direction of the Plaintiff’s vehicle, and the Plaintiff’
(hereinafter referred to as “instant accident”). C.
On July 10, 2019, the Plaintiff paid the insurance proceeds of KRW 5,680,000, excluding KRW 500,000, out of the repair cost of the Plaintiff’s vehicle due to the instant accident, to the I Co., Ltd.
(6) When intending to drive a motor vehicle into the intersection where a safety sign indicating a temporary suspension or concession is installed, the driver of any motor vehicle shall temporarily stop or yield the motor vehicle so as not to impede the passage of other motor vehicles.
(1) The driver of any motor vehicle who intends to drive a motor vehicle into the intersection where traffic is not controlled shall yield the right of way to other motor vehicles, when other motor vehicles are already traveling through the intersection.
Article 31 (Places for Slow or Temporary Suspension) (1) The driver of any motor vehicle or tram shall slowly drive the motor vehicle or tram in any of the following places:
1. An intersection where traffic is not controlled. (2) The driver of any motor vehicle or tram shall be the following: