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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. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant”).
B. Around 8:40 on November 29, 2016, the Plaintiff’s vehicle is proceeding along a straight line with the three-lanes of the three-lanes adjacent to the three-lanes of the three-lanes of the three-lanes of the three-lanes of the three-lanes of the third direction, and conflicts with the Defendant’s vehicle entering the intersection by making the two-lanes of the three-lanes of the three-lanes of the third direction.
(hereinafter referred to as “instant accident”). C.
From December 16, 2016 to April 7, 2017, the Plaintiff paid KRW 5,678,790 at the repair cost of the Plaintiff’s vehicle due to the instant accident, and received KRW 5,290,910 from the Defendant on September 18, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 1, Gap evidence 1, Gap evidence 3, 7, the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion that the instant accident occurred due to the unilateral negligence of the Defendant, which caused the left turn at the two-lanes in violation of the non-protection line method, and thus, the Defendant is obligated to pay the remainder amount of KRW 387,880 (=5,678,790 – 5,290,910) to the Plaintiff.
B. 1) The driver of a plaintiff vehicle and the driver of any motor vehicle who intends to turn to the left at the intersection, shall go slowly along the intersection along the center line of the road in advance and turn to the left (Article 25(2) of the Road Traffic Act), and the driver of a motor vehicle going to the left in the area prior to the non-protective seat line shall make the left turn to the left so as not to interfere with the vehicle coming from the opposite side (Article 6 subparag. 2 of the Enforcement Rule of the Road Traffic Act).
1.(b)
See No. 329, the following circumstances, i.e., the Defendant vehicle’s proceeding.