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1. The plaintiff's appeal is dismissed.
3. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. With respect to C and D vehicles (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to E vehicles (hereinafter “Defendant vehicle”).
B. On October 6, 2019, around 16:16, the driver of the Plaintiff’s vehicle was involved in the collision between the front side of the Defendant’s vehicle entering the intersection and the front side of the steering side of the Plaintiff’s vehicle while moving along the intersection of the Gandong-gu Geumdong-gu, Gandong-si.
(hereinafter referred to as “instant accident”). C.
On November 7, 2019, the Plaintiff paid KRW 992,000 for the repair cost of the Plaintiff’s vehicle (excluding KRW 200,000 for self-payment) as an insurer for the Plaintiff’s vehicle.
[Reasons for Recognition: Facts without dispute, Gap evidence 1 through Gap5, Gap evidence 7, Gap evidence 8, Eul evidence 1, and the purport of the whole pleadings]
2. Assertion and determination
A. The Plaintiff’s assertion that the instant accident occurred due to the negligence of the Defendant’s driver. As such, the Defendant, as an insurer of the Defendant’s vehicle, is obligated to pay the Plaintiff the amount of indemnity equivalent to the amount of damages suffered by C due to the instant accident, as the insurer of the Defendant’s vehicle.
B. Comprehensively taking account of all the evidence as seen earlier, the following circumstances are as follows: (a) while the Plaintiff’s vehicle is proceeding along the intersection, the instant accident occurred while the Defendant’s vehicle enters the intersection from the right intersection to the right intersection; (b) the Plaintiff’s vehicle has been proceeding in the intersection; (c) the Plaintiff’s vehicle has a preferential right to pass; and (d) the Defendant’s vehicle is obliged to pass and yield to the Plaintiff’s vehicle; and (e) the Defendant’s vehicle has a duty to pass and yield to the Plaintiff’s vehicle; (e) however, the Defendant’s vehicle immediately enters without complying with the Plaintiff’s obligation to pass and yield without examining the movement of the vehicle; and (e) the Plaintiff’s vehicle appears to have been going out of the intersection at the time of the instant accident; and (e) in such cases, the Plaintiff’s vehicle is also