1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with B-owned vehicles (hereinafter “Plaintiff-owned vehicles”) and the Defendant is an insurer who has entered into an automobile insurance contract with D-owned vehicles (hereinafter “Defendant-owned vehicles”).

B. On October 30, 2016, around the south-dong intersection of Seodaemun-gu Seoul, Seoul, where the Plaintiff’s vehicle is proceeding along the intersection with a yellow signal, there was an accident where the Defendant’s vehicle, which was trying to turn to the left from the right side of the Plaintiff’s vehicle to the opposite part of the direction of the Plaintiff’s vehicle’s proceeding, was shocking the front front direction of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On November 29, 2016, the Plaintiff paid KRW 3,078,300 with the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap 1-6 evidence, Eul 1-1 evidence, and the purport of the whole pleadings

2. Determination as to the cause of action

A. Although the Plaintiff’s alleged vehicle entered the instant intersection, the vehicle was stopped on the part of the Defendant’s driver. However, the Defendant’s vehicle was out of the normal left-hand turn and left-hand turn at a short time, resulting in the instant accident. The instant accident occurred by all negligence of the Defendant’s driver.

Therefore, the defendant should pay to the plaintiff the repair cost of KRW 3,078,300 paid by the plaintiff by subrogation of the insurer of the Commercial Act, and the delay damages therefor.

B. Article 25 (2) of the Road Traffic Act provides that "if the driver of any motor vehicle intends to make a left-hand turn at the intersection, the driver of any motor vehicle shall make a left-hand turn at the intersection along the center line of the road in advance along the intersection, and the driver of any motor vehicle who intends to make a left-hand turn at the intersection where the traffic is not controlled."