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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with B-owned vehicles (hereinafter “Plaintiff-owned vehicles”) and the Defendant is the insurer who has concluded the automobile insurance contract with C-owned vehicles (hereinafter “Defendant-owned vehicles”).
B. On April 27, 2017, around 11:30, at the intersection in which the Plaintiff’s vehicle did not have a front signal of Samsung Young-dong, Mapo-gu, Mapo-gu, Seoul Metropolitan Government apartment complex, and the Plaintiff’s vehicle left a small road, and there was an accident that shocks the front part of the Plaintiff’s vehicle’s vehicle, which was left right as the front part of the vehicle, (hereinafter “instant accident”).
C. On May 25, 2017, the Plaintiff paid KRW 9,500,00,000, which deducts KRW 500,000 of the Plaintiff’s automobile repair cost from KRW 10,000,00 for the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence No. 1 and the purport of the whole pleadings
2. The parties' assertion and judgment
A. (1) The Plaintiff’s assertion that the instant accident occurred due to the concurrence between the Plaintiff’s vehicle that entered the intersection and the Defendant’s vehicle that entered the intersection and was under the speed of excessive progress, and the fault ratio of the Defendant’s driver should be deemed to exceed 70%.
(2) The Defendant’s assertion that the instant accident occurred due to the competition between the Plaintiff’s failure to yield driving and the Defendant’s failure to temporarily stop and the Defendant’s failure to temporarily stop at the intersection, and thus, the Plaintiff’s fault ratio of the Plaintiff’s driver should be deemed to exceed 70%.
B. (1) Determination is made: (a) Road Traffic Act-related regulations - Article 26(2) of the Road Traffic Act; (b) The driver of a vehicle who intends to enter an intersection in which traffic is not controlled, shall slowly drive the vehicle when the width of the intersection is wider than that of the road on which the vehicle is passing, and shall also drive the intersection from the road having a wide width.