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 an insurer who has entered into an automobile insurance contract with B vehicles (hereinafter “Plaintiff vehicles”).

B. On January 8, 2016, the Defendant driven a vehicle C (hereinafter “Defendant vehicle”) with a blood alcohol content of 0.05% at a level of 0.05% on the front left side of the Plaintiff vehicle, and driven one lane on the two-lane road in front of the 37 detailed road in the literature airspace at Osan City, and the yellow signal was on and off, and entered the intersection in the situation where yellow signal was on and off. The Plaintiff vehicle driven a three-lane between four-lanes in the right side side of the Defendant vehicle in the direction where the Defendant is driving, while entering the said intersection, the Defendant shocked the front side of the right side of the Defendant vehicle with the front side of the front side of the Defendant vehicle.

(hereinafter referred to as “instant accident”). C.

By January 23, 2017, the Plaintiff paid insurance proceeds of KRW 14,302,870 in total for the medical treatment costs of the Plaintiff’s driver and the repair costs of the Plaintiff’s vehicle.

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

2. Determination

A. At the time of the Plaintiff’s assertion, the road along which the Defendant’s vehicle was running is narrower than the road on which the Plaintiff’s vehicle was running, and the Plaintiff’s vehicle is proceeding to the right side of the Defendant’s vehicle. When entering the intersection, the Defendant’s vehicle ought to yield to the Plaintiff’s vehicle. The Defendant driving the Defendant’s vehicle under the influence of alcohol, and thus, the Defendant is entirely liable for the instant accident.

(b) 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 other motor vehicles are already traveling through the intersection;

(Article 26 (1) of the Road Traffic Act). 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 when the width of the intersection is wider than that of the road where the motor vehicle is traveling.