1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

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

B. On May 13, 2017, at around 06:48, the Plaintiff’s vehicle runs two lanes near the three-lane intersection in the Cheongpyeong-gu, Cheongpyeong-gu, Gyeonggi-do (hereinafter “instant intersection”), and entered the instant intersection, the Defendant’s vehicle entered the instant intersection and left the right to the direction of the Plaintiff’s vehicle, while entering the instant intersection on the left side of the direction of the Plaintiff’s vehicle’s proceeding, and the Defendant’s vehicle shocked the back side of the Defendant’s back side of the direction of the Plaintiff’s vehicle into the direction of the Plaintiff’s proceeding.

(hereinafter “instant accident”). C.

On June 9, 2017, the Plaintiff paid insurance proceeds of KRW 3,835,089 at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Evidence Nos. 1 through 5, Evidence Nos. 2 and the purport of the whole pleadings

2. Determination as to the cause of action

(a) 1) The driver of any motor vehicle who intends to drive a motor vehicle at an intersection where traffic is not controlled, pursuant to Article 26 of the Road Traffic Act (1) of the Road Traffic Act, shall yield the course to other motor vehicles, when any other motor vehicle is already traveling through the intersection;

(2) The driver of any 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 on which the motor vehicle is traveling, and when any other motor vehicle intends to drive a motor vehicle into the intersection from a road with a wide width, he/she shall yield the right

(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.

(4) The driver of any motor vehicle who intends to make a left turn at an intersection where traffic is not controlled shall do so.