1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

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

B. Around 10:40 on November 9, 2018, the Plaintiff’s vehicle passes through an intersection where no traffic signal is available while driving along the secondary lane near the residents’ center located in Seongbuk-gu, Manam-si, and the Defendant’s vehicle entering the intersection on the road without a traffic signal from the direction of the Plaintiff’s driving. In short, the Defendant’s vehicle, who entered the intersection on the road with no traffic signal on the right side of the direction of the Plaintiff’s driving, shocked the rear wheels and back

(hereinafter “instant accident”). C.

On November 30, 2018, the Plaintiff paid KRW 5,330,000 (excluding self-paid KRW 500,000) at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 7, 9, Eul evidence No. 3 and the purport of the whole pleadings

2. Determination as to the cause of action

A. The following circumstances acknowledged based on the above facts and the evidence revealed earlier, namely, ① the driver of a vehicle seeking to enter an intersection where traffic is not controlled, if the width of the intersection is wider than that of the road where the vehicle is traveling, it shall slowly proceed, and when there are other vehicles seeking to enter the intersection from the road where the width is wider, it shall yield the course to the vehicle (Article 26(2) of the Road Traffic Act); ② the road where the vehicle driven by the Plaintiff is wider than the road where the vehicle driven by the Defendant was driven by the Defendant, ② the Defendant vehicle entered the intersection without verifying the crossing of the Plaintiff vehicle’s access, and there is no evidence to prove that the vehicle was obliged to temporarily stop prior to the Plaintiff’s access as otherwise alleged by the Defendant; ③ the shock side of the original Defendant vehicle (the Plaintiff’s rear wheels and the rear pent and the front penter of the Defendant vehicle).