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.

1. The Plaintiff is the owner of C Bus (hereinafter “Plaintiff”), and the Defendant is the insurer who entered into an automobile insurance contract with respect to D automobiles (hereinafter “Defendant”).

On December 19, 2018, at around 13:20, the Defendant’s vehicle entered a private distance intersection with no signal lights to proceed from the 19-o-soft-ro, Songpa-gu, Songpa-gu, Seoul to the Earbrogate, and it conflicts with the front part of the Plaintiff’s vehicle, which is directly linked to the earrogate of the eargu, the left side of the direction of the course of the course of the course, and is facing the front part of the right side

(hereinafter “instant accident.” The Plaintiff spent KRW 1,459,90 on the repair cost of the Plaintiff’s vehicle due to the instant accident, and closed one day for repair. According to the G’s schedule of resting days, the Plaintiff’s break-off fee of the Plaintiff’s vehicle for one day required for repair is KRW 108,520.

[Grounds for Recognition: Evidence No. 6, Evidence No. 1, Evidence No. 1, Videos, and Purport of the whole pleadings]

2. Assertion and determination

A. The parties’ assertion asserts that the instant accident occurred by unilateral mistake of the Defendant’s vehicle entering the intersection from a small road, and that the Defendant sought compensation against the Defendant for totaling KRW 1,568,420 of the repair cost and the rest fee of the Plaintiff’s vehicle. On the other hand, the Defendant entered the intersection, which led to the Defendant’s vehicle having entered the intersection, so it was more erroneous for the Plaintiff.

B. The following circumstances acknowledged by the fact of recognition of the cross-market and the evidence mentioned above, ① Road Traffic Act grants priority to passage to a prior-entry vehicle on the premise that the vehicle and the Defendant are performing temporary suspension or the duty of slowly driving at the time of entering the intersection. The Plaintiff’s vehicle and the Defendant’s vehicle seem to have entered the intersection at the same time, and ② Defendant’s vehicle have entered a narrow road with a narrow width, and thus, they are obliged to drive slowly or yield the right of way to the vehicle with due care when they enter the road with a wide width.