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. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who entered into an automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. Around 9:50 on March 6, 2017, the driver of the Defendant vehicle, who caused a traffic accident, was negligent in proceeding without checking the progress of the other vehicle by reducing the speed during the course of bypassing at a three-distance intersection where there is no lane near the Southern-gu Incheon Metropolitan City, the driver of the Defendant vehicle shocked the left side of the Plaintiff vehicle that entered the intersection from the right side of the running direction of the Defendant vehicle to the front side of the Defendant vehicle.

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

On April 5, 2017, the Plaintiff paid KRW 6,169,000 in total, including the repair cost of the Plaintiff’s vehicle on April 5, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The main point of the Plaintiff’s assertion is that the instant accident occurred as the driver of the Defendant’s vehicle did not live around and did not yield the course to the Plaintiff’s vehicle that entered the intersection from the right side of the Defendant’s vehicle, and thus, the Defendant should pay the full amount of the insurance proceeds paid by the Plaintiff due to the instant accident

B. In full view of the aforementioned evidence, the place where the instant accident occurred is a “T”-based cross-section without traffic control and where it is difficult to secure the view of the instant vehicle due to the parking of the vehicle on the right side and right side of the road entering the intersection. Although the Defendant’s driver has a duty of care to temporarily stop upon entering the said intersection or to properly examine the movement of other vehicles, the Defendant’s driver will look at the movement of the Plaintiff’s vehicle entering the intersection at the right side.