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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. At the time of the instant accident, at around 08:35, Nov. 7, 2018, at the entrance crossing of the F-ranged vehicle CD at the time of the instant accident, the Plaintiff’s vehicle entered the said three-distance intersection in which the signal, etc. was not installed because the Plaintiff’s vehicle was straightened by one-lane road at the entrance of the Defendant vehicle CD at the time of the instant accident. However, at the left side of the Plaintiff’s driving direction, there is no dispute over the instant accident in the following: (a) the amount of the insurance proceeds paid to the Defendant vehicle, which entered the right side of the vehicle at the instant three-distance intersection, and the part such as the front driver of the Plaintiff vehicle, following the left side of the vehicle, following the collision (hereinafter “instant accident”), 7,380,370 won (i.e., the repair cost of the Plaintiff’s vehicle 7,880,370 won - self-paid vehicle 500,000 won).
2. Determination
A. In light of the following circumstances, it is reasonable to view the negligence ratio between the Plaintiff’s driver and the Defendant’s driver as 20%: 80%.
(1) 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 any other motor vehicle intends to drive a motor vehicle into the intersection from a road with a wide width, he/she shall yield
(Article 26(2) of the Road Traffic Act. The driver of any motor vehicle who intends to make a left-hand turn at an intersection where traffic is not controlled shall yield the right of way to any other motor vehicle, when any other motor vehicle intends to proceed straight through or make a right-hand.
(Article 26(4) of the Road Traffic Act. The road along which the Plaintiff’s vehicle is running is clear as to the farm road along which the Defendant’s vehicle is running, as it is, with the one-lane road along which the median line is installed, and the Plaintiff’s vehicle is above.