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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is followed by paragraph (1).
Reasons
1. Facts of recognition;
A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. On January 15, 2018, at least 05:40, the Plaintiff’s vehicle sent to the left at a four-distance intersection with no signal apparatus located in the Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant intersection”); from the side road to the one-lane road of the Do; and on the basis of the Plaintiff’s vehicle, the Plaintiff’s vehicle, based on the Plaintiff’s vehicle, sent to the left the left part on the front front of the driver’s seat of the Defendant vehicle, who entered the said intersection at the one-lane road, located on the right side of the said side road.
(hereinafter referred to as “instant accident”). C.
On January 18, 2018, the Plaintiff paid insurance proceeds of KRW 300,000 at the cost of repairing the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 1, and the purport of the whole pleadings
2. Determination
A. The following circumstances are: (a) the driver of a vehicle who intends to drive a vehicle into the intersection where traffic control is not performed, who intends to drive the vehicle into the intersection where there is another vehicle already entering the intersection; (b) the Defendant vehicle was not yet in the intersection of this case at the time when the vehicle was entering the intersection of this case at the time when the vehicle of this case gets at a speed to reach the intersection of this case without signal apparatus; and (c) the driver of the Defendant vehicle first enters the intersection of this case at the speed that the vehicle of this case, despite the duty to yield the course to the Plaintiff’s vehicle of this case and without yielding it, conflicts with the Plaintiff’s vehicle while driving the vehicle at the intersection of this case; (c) the driver of the vehicle of this case, as the Plaintiff’s driver, has continued to stop on the road where the width is wider.