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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 521,50 on December 6, 2017.
Reasons
Basic Facts
The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement prescribed by the Passenger Transport Service Act with respect to Dsi owned by C (hereinafter referred to as “Plaintiff-owned vehicle”), and the Defendant is an insurer that has entered into a motor vehicle insurance contract with E (hereinafter referred to as “Defendant-owned
Plaintiff
On November 28, 2017, at around 22:32, the vehicle was driving a two-lane road back to G University located in the Dong-gu, Daejeon. The Defendant’s vehicle, from the same point of view, conflict with the Plaintiff’s vehicle at the above intersection where the road crossings from the right side of the Plaintiff’s vehicle to the left side and where no signal, etc. is installed.
(hereinafter “instant accident”). On December 5, 2017, the Plaintiff paid KRW 745,00 to C at the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] The plaintiff alleged in the parties to the determination of the purport of Gap evidence Nos. 1 through 4 and the overall purport of oral proceedings. The plaintiff asserted that since the accident of this case occurred due to the total negligence of defendant vehicle, the plaintiff is obligated to claim the total amount of the repair cost paid by the plaintiff to the defendant. The defendant asserts that the negligence of plaintiff vehicle is more than 50%.
(1) The driver of any motor vehicle who intends to drive a motor vehicle into the intersection where traffic is not controlled, shall slowly drive the motor vehicle, if the width of the intersection is wider than that of the road where the motor vehicle is traveling, and if there are other motor vehicles who intend to drive a motor vehicle into the intersection where the width is wider than that of the road where the motor vehicle is traveling, they shall yield the course to the motor vehicle (Article 26(2) of the Road Traffic Act). The motor vehicle of the motor vehicle of the motor vehicle is not obliged to take measures to reduce the speed or yield the course to the motor vehicle of the motor vehicle of the motor vehicle when entering the intersection where the width is wider than that of the motor vehicle where the traffic is controlled.