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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The circumstances leading to the instant accident are as follows.
At the time of the accident, the insured vehicle of the Plaintiff (hereinafter referred to as “Plaintiff”).
Defendant Insured Vehicle (hereinafter referred to as “Defendant Vehicle”)
CD Temporary April 20, 2018, around 13:40 on April 20, 2018, as shown in attached Form E at the scene of the collision.
The payment of insurance proceeds of KRW 7,398,000 as security for self-employed car loss of KRW 500,000 (based on recognition) is without dispute, Gap evidence of subparagraphs 1 through 4, Eul evidence of subparagraphs 1 through 5, and the purport of the whole pleadings and arguments.
2. Determination
A. In full view of the following circumstances, it is reasonable to deem that the instant accident was caused by the negligence of the driver of the Defendant Vehicle, in full view of all the circumstances, including the fact of the recognition of the fault ratio by the Plaintiff Vehicle and the driver of the Defendant Vehicle, the background of the accident, the degree of conflict and shock, and the purport of the entire evidence presented earlier.
① The instant accident scene is an intersection under the Road Traffic Act, where traffic is not controlled, and the Plaintiff’s vehicle was entering the two-lanes of the two-lanes of the said intersection, and was entering the parking space in the front part of the sidewalk located on the right side of the said direction. The Defendant’s vehicle, while passing the said intersection, was overtaking a freight vehicle parked on the front side of the said intersection, and entered the said intersection while passing the said intersection, followed the front part of the Defendant’s vehicle and the front part of the Plaintiff’s right side.
(2) The driver of any motor vehicle who intends to drive a motor vehicle into an intersection in which traffic is not controlled shall yield the right of way to other motor vehicles when other motor vehicles are already traveling into the intersection, while the driver of any motor vehicle who intends to drive a motor vehicle into an intersection in which traffic is not controlled, shall cross the motor vehicle more than the width of the road where the relevant motor vehicle is traveling.