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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurance company that has entered into an automobile insurance contract with C with D (hereinafter “Plaintiff”) and the Defendant is an insurance company that entered into an automobile insurance contract with respect to E (hereinafter “Defendant”).
B. Around 08:00 on February 12, 2019, when a driver of the Defendant’s vehicle drives the Defendant vehicle and controls the traffic of the Defendant vehicle to the left-hand turn from the direction of the chemical net distance to the direction of the chemical net distance, the driver of the Defendant’s vehicle caused an accident (hereinafter “instant accident”) involving the Plaintiff’s vehicle and the Plaintiff’s failure to yield the distance to the Plaintiff’s vehicle in the direction of the chemical net distance in the direction of the chemical net distance in the direction of the chemical net distance.
C. Accordingly, on March 20, 2019, the Plaintiff paid KRW 16.5 million, excluding KRW 500,000,000,000, to the Plaintiff’s automobile damages caused by the instant accident, as insurance proceeds.
[Ground of recognition] Unsatisfy, Eul's video and the purport of whole pleadings
2. Determination
A. Article 26(4) of the Road Traffic Act provides that “The driver of any motor vehicle who intends to make a left-hand turn at an intersection where traffic is not controlled shall yield the right of way to the other motor vehicle, if any, to proceed straight through or make a right-hand turn to the intersection.”
Nevertheless, according to the above recognition, the driver of the defendant vehicle is left left without yielding the course to the plaintiff vehicle, which is the intersection where the traffic is not controlled, which is the place of the accident of this case.
Since the accident of this case occurred, the defendant, the insurance company of this case, is obligated to claim the insurance money paid to the plaintiff for the damage of the plaintiff vehicle.
B. According to Article 31(2)1 of the Road Traffic Act, the driver of any motor vehicle is not controlling traffic, but confirms the left and the right of the motor vehicle.