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 concluded an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), with respect to the automobile D (hereinafter “Defendant vehicle”).

B. At around 16:50 on October 28, 2018, the Defendant’s vehicle, who was in the direction from the right side of the Plaintiff’s vehicle, was in front of the steering gate of the Plaintiff’s vehicle, was in front of the front gate in the front direction of the Plaintiff’s vehicle while crossing the Plaintiff’s vehicle at the intersection.

(hereinafter “instant accident”). C.

On November 12, 2018, the Plaintiff paid the insurance money of KRW 3,740,000 (the self-charge 200,000) at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s alleged vehicle entered the intersection, which is the place where the instant accident occurred, and almost completed the passage through the intersection. Although the concession sign is installed on the road in the direction of the Defendant’s vehicle, the Defendant’s vehicle had access to the intersection as soon as possible. The instant accident occurred due to the total negligence of the Defendant’s vehicle.

Therefore, the defendant should pay 3,740,000 won and damages for delay paid by the plaintiff to the plaintiff.

B. Determination 1 of the above facts and the following circumstances revealed in addition to the purport of the entire arguments, namely, ① the location of the instant accident is an intersection without signal, etc., and the width is almost the same as that of all roads where the original Defendant’s vehicle runs, ② Article 26(3) of the Road Traffic Act provides that “the driver of a vehicle who intends to enter an intersection where traffic is not controlled shall yield the way to the right-hand side of the vehicle,” and the Defendant’s vehicle shall yield the way to the right-hand side.