1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal and the incidental costs thereof shall be individually considered.

1. Basic facts

A. The plaintiff is an insurer who has concluded each automobile insurance contract with respect to D vehicles.

B. On March 27, 2018, the Plaintiff’s vehicle passed through the intersection in accordance with green signals while driving one-lane of the two-lanes in the vicinity of the Sisking-dong.

At that time, the defendant vehicle entered the intersection to make a non-protective left-hand turn on the right-hand side of the moving direction of the plaintiff vehicle, and the upper part of the front part of the plaintiff vehicle and the front part of the left-hand side of the defendant vehicle conflict with each other.

(hereinafter “instant accident”). The instant accident occurred when the Defendant’s vehicle entered the intersection did not have a separate signal for straight- or left-hand turn at the entrance of the intersection. Before the Defendant’s vehicle enters the intersection, on the opposite direction of the Plaintiff’s driving direction, the instant accident occurred at the time of completion of the left-hand turn to the apartment with the Defendant’s vehicle.

C. On April 10, 2018, the Plaintiff paid insurance proceeds of KRW 4,567,00 (excluding KRW 200,000 on its own charges) in total with 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 9, the purport of the whole video and pleading

2. Determination

A. According to Article 25 (6) of the Road Traffic Act, the driver of any motor vehicle shall temporarily stop or yield the right so as not to impede the passage of other motor vehicles when he/she intends to drive the motor vehicle into the intersection where a safety sign indicating a temporary suspension or concession is installed without traffic control.

According to the above facts, the intersection, which is the place of the instant accident, did not have signal apparatus in the direction of running the Defendant’s vehicle, and did not have traffic control. The Plaintiff’s and the Defendant’s driver did not temporarily stop or yield at the place of the instant accident, and the Plaintiff’s vehicle is the place of the instant accident.