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. Facts of recognition;

A. The Plaintiff is the insurer of C vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is the insurer of D vehicle (hereinafter “Defendant vehicle”).

B. On February 6, 2019, around 20:30 on February 6, 2019, the Plaintiff’s vehicle entered the X-type intersection near the Yeonsu-gu Incheon Metropolitan University University University, and was faced with the collision between the part on the left side of the Plaintiff’s vehicle and the part on the right side of the Defendant’s vehicle entering the intersection from the left side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On March 8, 2019, the Plaintiff paid KRW 6,241,094 to the beneficiary of the Plaintiff’s vehicle for mutual aid after deducting KRW 500,000 from the deductible expenses.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. 관련 규정 ▣ 도로교통법 제26조(교통정리가 없는 교차로에서의 양보운전) ① 교통정리를 하고 있지 아니하는 교차로에 들어가려고 하는 차의 운전자는 이미 교차로에 들어가 있는 다른 차가 있을 때에는 그 차에 진로를 양보하여야 한다.

(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.

3. Determination

A. In light of the following circumstances, the instant accident is determined to have occurred by the negligence of the Plaintiff’s driver and the Defendant’s driver.