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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the C vehicle owned by B (hereinafter “Plaintiff”), and the Defendant is the driver of the D vehicle (hereinafter “Defendant”).
B. On September 25, 2015, the Defendant driven the Defendant’s vehicle on September 18:16, 2015, and proceeded in the direction of the 60-distance intersection with the assets of Gwangju North-gu (hereinafter “instant intersection”) from the e-mail to the e-mail, and shocked the front and rear part of the Plaintiff’s vehicle, which was in the direction of the e-mail from the e-mail to the front part of the Defendant’s vehicle.
(hereinafter referred to as “instant accident”). C.
On December 31, 2015, the Plaintiff paid KRW 21,55,000 as the repair cost of the Plaintiff’s vehicle. D.
The provisions of the Road Traffic Act concerning the instant accident are as follows.
(1) The driver of any motor vehicle who intends to drive a motor vehicle into the intersection where traffic is not controlled shall yield the right of way to other motor vehicles, when other motor vehicles are already traveling through the intersection.
(3) The driver of any motor vehicle who intends to enter an intersection where traffic is not controlled shall yield the right of way to the motor vehicle on the right side.
Article 31 (Places to Slow or Temporary Suspension) (1) The driver of any motor vehicle shall slowly drive the motor vehicle in any of the following places:
1. An intersection in which traffic is not controlled. (2) The driver of any motor vehicle shall temporarily stop in any of the following places:
1. The driver of any motor vehicle shall correctly operate the steering gear, brakes and other devices of the motor vehicle, and others according to the traffic situation of the road and the structure and performance of the motor vehicle, in an intersection where the traffic is not controlled, but it is impossible to confirm the left and the right, and the traffic is heavy;