1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to A (hereinafter “Plaintiff”) and the Defendant is an insurer who has concluded an automobile insurance contract with respect to B (hereinafter “Defendant”).

B. On December 8, 2017, around 16:54, the Plaintiff’s vehicle obstructed the first line road near Daegu-dong C, Daegu-gu, and passed through the T-type intersection without signal apparatus, there was an accident of collision with the Defendant’s vehicle, which is left left or right-hand on the left-hand side of the driving direction of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. From January 4, 2018 to February 9, 2018, the Plaintiff paid KRW 600,460 of the insurance money to the driver of the Plaintiff vehicle D under the pretext of medical treatment and agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, Eul evidence 4-3 through 7, 16, 17, and 18, Gap evidence 6, 7, Eul evidence 4-9, 21, and the purport of the whole pleadings

2. The parties' assertion

A. At the intersection where the Plaintiff’s assertion occurred, the intersection is an intersection where traffic is not controlled, and there is a preferential right to cross-road traffic for the Plaintiff’s vehicle, a straight-way driver, so the negligence of the Defendant’s vehicle, the left-hand turn for the instant accident, reaches 70%.

B. The Defendant’s alleged vehicle came into the intersection and entered the intersection after performing the duty of speeding and front-rounding. Since the Defendant’s alleged vehicle neglected the duty of front-rounding and shocked the Defendant’s vehicle, which is left left by an excessive Plaintiff’s vehicle, the instant accident occurred due to the unilateral negligence of the Plaintiff’s vehicle.

3. 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 other motor vehicles, when any other motor vehicle is already traveling through the intersection;

(2) To enter an intersection where traffic is not controlled.