1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The plaintiff shall bear the total litigation costs.

1. Circumstances involving accidents;

A. On August 14:35, 2015, the insured vehicle A, an insured vehicle of the Plaintiff (hereinafter referred to as “Plaintiff”) was left left from the ccafeteria street located in Chuncheon-si B, the front corner part of the vehicle D, an insured vehicle of the Defendant (hereinafter referred to as “Defendant”), who was in a straight distance, left left behind the left side of the vehicle (hereinafter referred to as “Defendant vehicle”), was killed by E who was on board the Defendant vehicle.

(hereinafter referred to as “instant accident”). B.

The location of the accident is a four-distance intersection where traffic is not controlled, and the road that the plaintiff's vehicle is running is a small road without a chassis, and the road that the defendant's vehicle runs is two-lanes.

C. The Plaintiff paid insurance proceeds equivalent to the amount of damages sustained by E, who is the passenger of the Defendant vehicle (the agreed amount of KRW 1.5 million, hospital treatment costs of KRW 543,520).

[Grounds for Recognition: Evidence Nos. 1 through 4, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings]

2. The plaintiff asserted and determined that the plaintiff's vehicle entered the intersection in order to make the left turn, and that the plaintiff's vehicle temporarily closed at the crosswalk before entering the intersection and did not comply with it. In the accident in this case, since the fault ratio of the defendant's vehicle is at least 20%, the defendant's vehicle should pay 20% of the insurance proceeds paid due to the accident in this case to the plaintiff. However, as can be seen in addition to the whole purport of the arguments in this case, the plaintiff's vehicle entered the intersection as the left turn at the small road without the separation of the vehicle, and the defendant's vehicle has a preferential right to pass to the defendant's vehicle because it enters the intersection by straighting the second line road, and it is evident that the defendant's vehicle has a preferential right to pass to the defendant's vehicle, and Article 26 (2) and (4) of the Road Traffic Act Article 26 of the Road Traffic Act (Operation at the intersection where no traffic control is controlled).