Of the judgment of the first instance, the part against the defendant exceeding the payment order shall be revoked, and that part shall be revoked.

1. Basic facts

A. On April 12, 2019, from the Seo-gu, Seo-gu, Daejeon (hereinafter “instant intersection”) where no signal, etc. is available, an accident occurred that conflicts between the front part of the driver’s seat of the vehicle owned by the Plaintiff (C; hereinafter “Plaintiff”) and the front part of the vehicle insured by the Defendant (D; hereinafter “Defendant’s vehicle”) (based on the front wheels) on April 17, 2019.

(hereinafter “instant accident”). (b)

The repair cost of the Plaintiff’s vehicle due to the instant accident exceeds 3.4 million won, which is the exchange value of the Plaintiff’s vehicle at the time.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4 (including paper numbers; hereinafter the same shall apply) or video, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s alleged vehicle entered the instant intersection, and the Defendant is obliged to compensate the Plaintiff for all damages incurred by the Plaintiff due to the instant accident, as the Plaintiff’s vehicle passes through the instant intersection in the direction and speed of the driver of the Defendant’s vehicle.

(b) The driver of any motor vehicle who intends to drive a motor vehicle to an intersection where traffic is not controlled shall yield the course to the other motor vehicle when the other motor vehicle is already traveling the intersection (Article 26(1)); the driver of any motor vehicle, when the other motor vehicle is traveling the intersection, shall slowly drive the motor vehicle where the width of the intersection is wider than that of the road where the other motor vehicle is traveling the intersection; and when any other motor vehicle is seeking to drive a motor vehicle to an intersection with a wide width, he/she shall yield the course to the other motor vehicle (Article 26(2)); the driver of any motor vehicle who intends to drive a motor vehicle simultaneously to drive a motor vehicle into the intersection where the traffic is not controlled (Article 26(3)); the driver of any other motor vehicle shall yield the course to the other motor vehicle along the right intersection where the traffic is not controlled

§ 31.1.