1. Of the judgment of the court of first instance, KRW 14,160,00 against the Plaintiff and its related thereto, from June 24, 2017 to June 27, 2018.

Basic Facts

The Plaintiff is an insurer who has entered into an automobile insurance contract with A car (hereinafter referred to as “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to B freight vehicles (hereinafter referred to as “Defendant vehicle”).

On March 25, 2017, at around 17:00, the Plaintiff’s vehicle running the intersection in the vicinity of the Sungnam-si, Hanam-si, and the Defendant’s vehicle that left the intersection from the right-hand side of the Plaintiff’s vehicle to the left-hand side of the vehicle, and there was an accident where the operation of the Plaintiff’s vehicle was destroyed (hereinafter “instant accident”).

On June 23, 2017, the Plaintiff paid KRW 35,400,000 in total as repair cost of the Plaintiff’s vehicle according to the instant accident.

[Ground of recognition] The parties concerned as to Gap evidence Nos. 1, 2, 1, 2, and 4, the video images and the entire purport of arguments as to Gap evidence Nos. 3 through 6, and the purport of the whole oral proceedings. The plaintiff asserted that the driver of a vehicle who intends to enter an intersection where traffic control is not performed pursuant to Article 26(1) of the Road Traffic Act shall yield the course for other vehicles already entering the intersection. Thus, the plaintiff's vehicle at the time of the accident in this case did not yield the course to the other vehicles already entering the intersection. Thus, the error ratio of the defendant's vehicle which entered the intersection unreasonably without yield to the other vehicle at the

On the other hand, the defendant asserts that the driver of the vehicle who intends to enter the intersection where traffic is not controlled pursuant to Article 26 (3) of the Road Traffic Act shall yield the way to the other side of the right road. Therefore, the defendant's responsibility for the plaintiff's vehicle that did not yield the course to the defendant's vehicle that was driven on the right side at

Judgment

Article 26 (1) of the Road Traffic Act shall apply, as alleged by the Plaintiff, to the case of a vehicle that entered the intersection, and Article 26 (3) of the Road Traffic Act shall apply, as alleged by the Defendant, so the Plaintiff at the time of the instant accident.