The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

1. At the time of the instant accident, at around 18:06, July 17, 2019 at the time of the instant accident, the part on the left side of the Plaintiff’s vehicle and the part on the right side of the Defendant’s vehicle that left left on the left side of the direction of the Plaintiff’s vehicle at the time of the Government of the place where the instant accident occurred, which was located in the situation of the accident due to the cross-section in front of the E Station at the time of the Government of the place on July 17, 2019, KRW 1,128,000 for the repair cost of the Plaintiff’s vehicle (i.e., the total repair cost of KRW 1,328,00,000 for the self-paid vehicle - KRW 200,000)

A. In light of the following circumstances, the instant accident occurred due to the common negligence of the driver of the original vehicle, and the negligence ratio is reasonable to regard 30% of the driver of the Plaintiff vehicle and 70% of the driver of the Defendant vehicle.

① The intersection of this case is an intersection where traffic is not controlled, and the width of the road along which the Plaintiff’s vehicle runs is larger than that of the road along which the Defendant’s vehicle runs, and at that time, the Defendant’s driver tried to turn to the left on the left side of the direction of the Plaintiff’s vehicle, and thus, the vehicle should yield to the Plaintiff

(Article 26 subparag. 2, 3, and 4 of the Road Traffic Act). Therefore, without fulfilling the duty of concession driving, the driver of the Defendant vehicle who entered the intersection as it is is due to the gross negligence in connection with the instant accident.

② However, even as the Plaintiff’s driver, it was sufficiently known that the Defendant’s vehicle intended to enter the intersection at the time, but neglected to do so (in light of the conflict part of the Plaintiff’s vehicle, it is difficult to deem that the Plaintiff’s vehicle, as alleged in the Plaintiff’s assertion, entered the intersection clearly, and there is no other sufficient evidence to recognize that the Plaintiff’s driver was unable to avoid the instant accident). As to the instant accident, the Plaintiff’s driver was at fault of at least 30%.

B. Therefore, the Defendant’s indemnity amounting to KRW 729,600 (=929,600 (=the total repair cost of the Plaintiff’s vehicle 1,328,000) x the Defendant’s fault ratio.