1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The plaintiff is an insurer who has concluded each automobile insurance contract with respect to the vehicle A (hereinafter "the plaintiff vehicle"), and the defendant is an insurer who has concluded each automobile insurance contract with respect to the vehicle B (hereinafter "the defendant vehicle").

Plaintiff

On June 19, 2016, the vehicle entered the intersection by straighting along the side road of Handoro 586-ro, Nam-gu, Incheon, South-gu, 12:40 on June 19, 2016, the front part of the Defendant vehicle entering the said intersection and the front part of the left part of the Plaintiff vehicle.

Due to the instant accident, the Plaintiff’s vehicle was scrapped, and on July 5, 2016, the Plaintiff paid KRW 1,930,000 to the owner of the Plaintiff’s vehicle with the insurance money for self-vehicle damage, and received KRW 10,000 for the remaining value from the scrapped enterprise.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of the whole pleadings

2. The plaintiff asserts that the accident in this case occurred due to the negligence of the driver of the defendant's vehicle on the front side and the failure to discover the plaintiff's vehicle first entered the intersection. The defendant asserts that the accident in this case was caused by the mistake that the driver did not discover the plaintiff's vehicle first entered the intersection, and claim for the payment of 1,920,000 won after deducting the remaining value

The defendant asserts that at the time of the accident in this case, the driver of the plaintiff vehicle was negligent in violating the duty of driving on the left and right, the duty of temporary suspension, and the duty of safe driving, and that the fault ratio of both parties should be applied by applying the basic fault ratio concerning the collision between the two directly entering and leaving the same intersection in width, and 40% for the plaintiff vehicle and 60% for the defendant

3. The following circumstances, i.e., the driver of a vehicle who intends to enter the intersection in which no traffic is controlled, by taking comprehensive account of the evidence and the purport of all pleadings as required before judgment, shall first be the vehicle when there are other vehicles already entering the intersection: