beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. At the time of the instant accident: (a) around 09:34 on May 19, 2019 at the time of the instant accident, the Defendant’s vehicle CD (18,824,950 won for the Plaintiff’s vehicle repair cost – KRW 50,00 on August 13, 2019 when the insurance accident occurred; (b) the front part of the Defendant’s vehicle’s left side and the front part of the Plaintiff’s vehicle that entered the road to the right side of the road to the crossing of the distance in the situation of the accident; and (c) the Defendant’s vehicle’s right side side of the vehicle, who entered the road to the right side of the road to the crossing of the distance in the situation of the accident; (d) there is no dispute over August 13, 2019 (based on recognition); (d) the entry of the evidence Nos. 1 to 10; and (e) the purport of the entire pleading or pleading as a whole.
2. In light of the following circumstances, it is reasonable to deem that the instant accident occurred due to the overall negligence of the Defendant’s driver.
① In the instant accident place, a house where traffic is not controlled is a side crossing, and vehicles are parked on both sides of a relatively narrow road width and road.
At the time, the driver of the Plaintiff’s vehicle entered the intersection while driving slowly, and thus, the Defendant’s driver is required to yield the course to the Plaintiff’s vehicle (Article 26(1) of the Road Traffic Act), but the Plaintiff’s driver entered the intersection at a very rapid speed and caused the instant accident.
(2) The driver of a motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled, shall slowly drive the motor vehicle, if the width of the intersection is wider than that of the road in which the motor vehicle is traveling, and if there is another motor vehicle who intends to drive a motor vehicle into the intersection from a road with a wide width, he/she shall yield the course of such motor vehicle.
(3) The driver of any motor vehicle who intends to enter an intersection where traffic is not controlled shall yield the right of way to the motor vehicle on the right side.
under subsection (1) of this section.