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. The Plaintiff is an insurer who has entered into an automobile insurance contract with Aenz Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with B personal taxi vehicles (hereinafter “Defendant vehicle”).

B. On May 2, 2016, around 19:04, there was an accident that collisions over the front part of the Plaintiff’s right side of the vehicle with the front part of the Defendant’s vehicle in the vicinity of the intersection of D-side streets located in Seocho-gu Seoul Metropolitan Government (hereinafter “instant accident”).

C. On May 31, 2016, the Plaintiff paid insurance proceeds of KRW 3,990,000 (the amount after deduction of KRW 500,000 on its own charges) at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 to 4 evidence, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The Plaintiff’s Defendant’s vehicle went into the intersection without brakes, and caused the instant accident, and it is reasonable to deem that the fault ratio of the Defendant’s vehicle was 80%. As such, the Defendant’s demand by subrogation of the insurer under the Commercial Act for the payment of KRW 3,192,00 (=3,90,000 +80%) out of the repair cost incurred by the Plaintiff by subrogation of the insurer under the Commercial Act. 2) As to the Defendant’s demand, the Defendant asserted that the Defendant’s vehicle entered the instant intersection and the Defendant’s vehicle had priority over the Defendant’s vehicle, but the instant accident occurred by entering the intersection in violation of the safety driving duty, and thus, the Defendant’s negligence by the Defendant’s driver is less than 40%.

B. Article 26(1) of the Road Traffic Act provides that “The driver of any motor vehicle who intends to drive a motor vehicle into the intersection where traffic is not controlled shall yield the right of way to the other motor vehicle when the motor vehicle is already traveling through the intersection.” Article 31(1)1 of the Road Traffic Act does not provide any traffic control.