1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. With respect to the vehicle C (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to Drocketing vehicle (hereinafter “Defendant vehicle”).

B. On January 18, 2018, the Plaintiff’s vehicle is proceeding one-lane at the front intersection of Seocho-gu Seoul, Seocho-gu, Seoul, and the Defendant’s vehicle, who was left left at the left, conflict with the driver behind the front of the driver’s seat.

(hereinafter “instant accident”). The said intersection is a place where only a flickering signal is available without signal apparatus, and the scene of the accident is as follows:

C. On February 14, 2018, the Plaintiff paid 47,800 won (excluding self-charges 200,000) to the insured of the Plaintiff vehicle at its repair cost.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6, purpose of the whole pleading and video

2. Determination

A. According to Article 22(3) of the Road Traffic Act with respect to the instant accident, the driver of any motor vehicle shall not overtake another motor vehicle in the intersection, while the driver of any motor vehicle who intends to make a left-hand turn to the right at the intersection where traffic is not controlled pursuant to Article 26(1) of the Road Traffic Act shall yield the right of way to another motor vehicle, if any, who is straight through the intersection.

Comprehensively taking account of the aforementioned facts and all the evidence revealed earlier, it is reasonable to view that the instant accident occurred by the driver of the Plaintiff’s vehicle, who moved into a two-lane road in violation of the above duty, and that the negligence of the Defendant’s driver, who continued the instant accident, was concurrently committed by failing to yield the course to the Plaintiff’s vehicle that is going into the intersection and neglecting the duty at the front time without giving the course to the Plaintiff’s vehicle that is going through the intersection. In light of all the circumstances revealed in the pleadings, such as the background of the instant accident, the conflict level, and the degree thereof, the fault ratio in relation to the instant accident shall be the Plaintiff’s driver.