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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the Plaintiff’s B vehicle (hereinafter “Plaintiff’s vehicle”), and the Defendant is the insurer who entered into an automobile insurance contract with C vehicle (hereinafter “Defendant vehicle”).
B. On May 23, 2016, the Plaintiff driving the Plaintiff’s vehicle at around 08:31 on May 23, 2016, and driving the Plaintiff’s vehicle at the intersection without signal lights, etc. from the ethal distance near the bathing beach area on the network (hereinafter “instant intersection”) and proceeding from the endal distance to the endal reservoir bank, and shocked the back portion of the Defendant’s left side of the Defendant’s vehicle running in the direction of the ethic case in the ethic park.
(hereinafter referred to as “instant accident”). C.
The Plaintiff paid KRW 22.8 million at the repair cost of the Plaintiff’s vehicle.
The provisions of the Road Traffic Act concerning the instant accident are as follows.
(1) The driver of any motor vehicle who intends to drive a motor vehicle into the intersection where traffic is not controlled shall yield the right of way to other motor vehicles, when other motor vehicles are already traveling through the intersection.
(2) The driver of any motor vehicle who intends to drive a motor vehicle into an intersection in which traffic is not controlled, shall slowly drive the motor vehicle, if the width of the intersection is wider than that of the road on which the motor vehicle is traveling, and when there exist other motor vehicles who intend to drive a motor vehicle into the intersection from a road with a wide width, he/she shall yield
(3) The driver of any motor vehicle who intends to enter an intersection where traffic is not controlled shall yield the right of way to the motor vehicle on the right side.
Article 31 (Places to Slow or Temporary Suspension) (1) The driver of any motor vehicle shall slowly drive the motor vehicle in any of the following places:
1. Intersections 1 to 6, and 2 to 5 (including the branch numbers, if any) for which traffic is not controlled are not in dispute.