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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with A and B (hereinafter “Plaintiff”) and the Defendant is the insurer who has concluded a comprehensive automobile insurance contract with C (hereinafter “Defendant”).
B. On July 28, 2016, around 11:33, the accident occurred that shocks the right side of the Plaintiff’s vehicle, which was straighten from the Kancheon-dong National Health Insurance Corporation, Busan, to the front side of the Defendant’s vehicle that was straighten from the right side of the direction of the Plaintiff’s vehicle (hereinafter “instant accident”).
C. On August 12, 2016, the Plaintiff paid KRW 7,970,000 at the repair cost of the Plaintiff’s vehicle in accordance with the said insurance contract.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. The plaintiff asserts that although the plaintiff's vehicle entered the intersection, the driver of the defendant vehicle was negligent in performing his duty of front-time care and entered it as is, and thus the accident of this case occurred, the driver's negligence ratio of the driver of the defendant vehicle reaches 70%.
The defendant asserts that the accident of this case reaches 70% of the negligence of the driver of the plaintiff vehicle, since the accident of this case occurred unfairly due to erroneous entry although the plaintiff should yield the course to the defendant vehicle who intends to enter the right side of the direction to the right side of the direction.
3. 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, and the driver of any motor vehicle who intends to drive the motor vehicle simultaneously at the same time into the intersection shall yield the right of way to the motor vehicle (Article 26 (1) and (3) of the Road Traffic Act) and the driver of any motor vehicle shall slowly drive the motor vehicle through
(Article 31 (1) of the Road Traffic Act). The evidence and evidence mentioned above shall be considered.