1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), respectively, with respect to the automobile D (hereinafter “Defendant vehicle”).

B. On December 20, 2018, around 10:00, there was an accident of collision between the front portion of the Defendant vehicle that left to the left at the distance crossing (hereinafter “instant intersection”) with no signal, etc. near “F” located in Sincheon-si, Sincheon-si (hereinafter “instant intersection”), and the left part of the Plaintiff vehicle that left to the left from the right side of the Defendant vehicle.

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

On January 3, 2019, the Plaintiff paid KRW 1,087,000 insurance money at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's 1 to 4, 6, 7 evidence, Eul's 1 to 5 evidence (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the negligence on the part of the Defendant’s vehicle that violated the duty of safe driving in the right-hand exclusive lane, and thus, the fault ratio of the Defendant’s vehicle shall be 100%. Therefore, the Defendant is obliged to pay the Plaintiff the insurance money paid by the Plaintiff as the repair cost of the vehicle and the damages for delay thereof.

B. (1) According to Article 26(1) of the Road Traffic Act, the driver of any motor vehicle who intends to drive a motor vehicle into the intersection where traffic is not controlled shall yield the course to other motor vehicles, when the other motor vehicle is already traveling through the intersection, and the driver of any motor vehicle who intends to drive a motor vehicle into the intersection where traffic is not controlled pursuant to Article 26(2) of the Road Traffic Act shall yield the course to the other motor vehicle. The driver of any motor vehicle who intends to drive a motor vehicle into the intersection where the width of the intersection is wider than that of the road where the motor vehicle is traveling through the intersection

(2) However, the above facts and the evidence revealed earlier.