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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. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with Cranchising vehicles (hereinafter “Plaintiff vehicles”), and the Defendant is an insurer who has entered into an automobile insurance contract with Darburging vehicles (hereinafter “Defendant vehicles”).
B. Around 13:40 on May 2, 2018, the Plaintiff’s vehicle used the right side of the Plaintiff’s vehicle to walk to the Defendant’s vehicle, which was directly located on the right side of the Plaintiff’s vehicle, by moving to the intersection of a side road where there is no center line mark near the wife population E, and driving to the left side of the Plaintiff’s vehicle. As the Defendant’s vehicle was driving to the left side of the road damaged by the Plaintiff’s vehicle, there was an accident where the width of the vehicle was insufficient to pass by the two vehicle, and the part on the right side of the Defendant’s vehicle
C. On May 18, 2018, the Plaintiff paid KRW 1,59,500,000, excluding KRW 200,000 as the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1 and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion did not attach a narrow road as the left-hand side of the Plaintiff’s vehicle, and the Plaintiff’s allegation occurred due to the total negligence of the Defendant’s driver driving ahead of the Plaintiff’s vehicle. As such, the Defendant is liable to pay the Plaintiff the indemnity amount of KRW 1,59,500 and the damages for delay pursuant to Article 682(1) of the Commercial Act.
B. The Defendant’s assertion that the instant accident occurred from the unilateral negligence of the Plaintiff’s driver who did not properly examine the movement of another vehicle when passing through a narrow road, and thus, the Defendant did not have a duty to pay the indemnity to the Plaintiff.
3. Determination
(a) The driver of any motor vehicle who is liable for damage shall pass the intersection;