All the defendant's appeal and the plaintiff's incidental appeal are dismissed.

Expenses arising from an appeal shall be incidental to the defendant.

1. Basic facts

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

B. On July 17, 2019, around 22:12, at the G gas station located in F, Chungcheongnam-gun, Chungcheongnam-gun, the Plaintiff’s vehicle straighted along one-lane the front side of the G gas station in front of the G gas station, with a yellow on-and-off signal intersection in the direction of both sides of the G gas station, and the Defendant’s vehicle, while the vehicle left left at the right side of the Gu gas station at the right side of the front and the left side of the Plaintiff’s vehicle, there was an accident of collision.

(hereinafter referred to as “instant accident.” The field map drawn up for the instant accident is as shown in the attached Form).

At the time of the accident in this case, the driver H was in the state of 0.07% alcohol concentration in blood, and due to the accident in this case, the Plaintiff’s vehicle was disseminated, and C, who was on board the wing Chief of the Plaintiff’s vehicle, died, and J, who was on board the driver I and the back seat, was injured.

On August 7, 2019, the Plaintiff paid KRW 3,120,000 as damages due to the scrapping of the Plaintiff’s vehicle (i.e., total amount of KRW 3,580,000 - total amount of KRW 460,000).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 7, Eul evidence 1 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff of the parties asserted that the accident in this case occurred due to the unilateral negligence of the defendant vehicle, which continued under drinking conditions, although the defendant vehicle has a duty of care to yield the course to the plaintiff vehicle with a preferential right when passing through the intersection as a left-hand vehicle.

The defendant is not only the defendant's vehicle, but also the plaintiff's vehicle that was immediately left because both directions of the intersection in this case indicate a temporary stop line on the surface.