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 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 June 17, 2017, around 10:00, the Plaintiff’s vehicle runs across two-lanes (breadth 9.6m) in the direction of the department store to a four-distance intersection where signal, etc. is not installed (hereinafter “instant intersection”), while entering the said intersection, the part of the front side of the Defendant’s vehicle’s driving seat and the front side of the Plaintiff’s vehicle, which entered the said intersection in the direction of the Gu Agricultural Products Market, are collisioned by one-way (breadth 8m) from the front side of the driver’s seat of the Defendant vehicle and the front side of the Plaintiff’s vehicle.

(사고 당시 피고 차량의 진행 속도는 27km /h로 원고 차량보다 상대적으로 빨랐음, 이하 ‘이 사건 사고’라고 한다). 다.

On June 27, 2017, the Plaintiff paid insurance proceeds of KRW 750,000 at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7, 8, Eul evidence 2 and the purport of the whole pleadings

2. Determination as to the cause of action

A. Article 26 (1) of the Road Traffic Act, such as Act No. 1 related to the occurrence of liability for damages, provides that "the driver of a vehicle intending to drive a motor vehicle into an intersection in which traffic is not controlled shall yield the course to the other motor vehicle, if there are other motor vehicles already entering the intersection." Article 26 (2) of the Road Traffic Act provides that "the driver of a motor vehicle intending to drive a motor vehicle into an intersection in which 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 if there are other motor vehicles intending to drive a motor vehicle into the intersection in which the width is wider, the driver shall yield the course to the other motor vehicle."