1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

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

B. On May 24, 2015, the Plaintiff’s driver drivened the Plaintiff’s vehicle into the Southern-dong, Seoul Special Metropolitan City Southern-do Southern-ro Intersection (hereinafter “instant road”), and entered the said road into the Southern-ro (hereinafter “instant road”), which is the fourth-lane of the instant four-lanes, as indicated in the attached Form of Accident Report, and the Defendant’s midline even number and the part facing the front of the Plaintiff’s driver’s seat (hereinafter “instant accident”).

C. On June 23, 2015, the Plaintiff paid insurance proceeds of KRW 738,300 to the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, Gap evidence 11, Eul evidence 1, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred is reasonable to deem that the Defendant’s vehicle driving along the instant three-lanes and driving along the instant four-lanes to the four-lanes, and that the Defendant’s negligence on the part of the Defendant’s driver who contributed to the occurrence of the instant accident is about 60%. As such, the Defendant is obligated to pay the Plaintiff, as the owner of the Defendant’s vehicle, 442,980 won (=738,300 won x 0.6) equivalent to the share of the Defendant’s driver’s fault among the insurance proceeds paid by the Plaintiff, and the delay damages therefrom.

B. (1) Article 25(6) of the Road Traffic Act provides that “When intending to drive a motor vehicle into the intersection where a safety sign indicating a temporary suspension or concession is installed without traffic control, the driver of any motor vehicle shall temporarily stop or yield it so as not to impede the proceeding of other motor vehicles.” Article 26(2) of the same Act provides that “The driver of any motor vehicle