1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with D vehicle (hereinafter “Defendant”).

B. On December 17, 2016, around 17:55, at the intersection where the Plaintiff’s vehicle had no signal in front of “F” located in the Dong-gu Daejeon-gu Daejeon, Daejeon, caused an accident (hereinafter “instant accident”) involving the back seat of the Defendant’s vehicle, which was left straight as the front part of the Plaintiff’s vehicle and left straight as the right side (hereinafter “instant accident”).

C. After the instant accident occurred, until February 2, 2017, the Plaintiff paid KRW 12,66,810 in total as indicated in the victim list (the status of payment of insurance money) as the medical expenses and damages for the Plaintiff’s vehicle and the Defendant’s passengers due to the instant accident, as indicated in the victim list (the status of payment of insurance money).

[Ground of recognition] without any dispute, Gap's evidence 2 through 5, Eul's evidence 1, Eul's evidence 2-1 and Eul's evidence 2-2, part of Gap's evidence 1, and the purport of the whole pleading

2. The assertion and judgment

A. The Plaintiff’s assertion (i.e., the Plaintiff’s instant accident was caused by the negligence of the Plaintiff’s vehicle seeking to enter from the road to the road, and the negligence of the Defendant’s vehicle, without yielding to the Plaintiff’s vehicle entering the road as above, is concurrent, and the Defendant’s driver’s fault ratio should be deemed to exceed 10%.

B. The instant accident occurred due to the Plaintiff’s total fault in the Plaintiff’s vehicle, who failed to perform the concession operation for the ongoing vehicle and the right side road vehicle as designated by the intersection.

(b) Determination - Article 26(2): The driver of any motor vehicle who intends to enter the intersection in which traffic is not controlled shall slowly drive the motor vehicle if the width of the intersection is wider than that of the road on which the motor vehicle is traveling, and shall also cross the intersection from the road with a wide width.