1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C (hereinafter “Plaintiff”) and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with D vehicle (hereinafter “Defendant”).

B. (1) On August 30, 2018, around 14:47, the Plaintiff’s accident (hereinafter “instant accident”) was occurred, where the lower part of the lower part of the Plaintiff’s vehicle’s right-hand part of the four-lanes adjacent to the Spoco distance in Gangnam-gu Seoul Samsungdong, and the part of the fences on the left side of the Defendant’s vehicle, which changed from four-lanes to three-lanes (hereinafter “instant accident”).

(2) Prior to the occurrence of the instant accident, the Defendant’s vehicle entered the intersection bypassing to the right side of the site where the accident occurred, and later slowly changed from the fourth to the third lane, and the Plaintiff’s vehicle entered the intersection by turning to the left left at the two-lane left side of the left road at the location where the accident occurred and passing to the intersection.

C. On September 14, 2018, the Plaintiff paid insurance proceeds of KRW 1,241,000 after deducting KRW 310,000 from the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 6, 7, 9, and the purport of the whole pleadings

2. Determination

A. At the time of the Plaintiff’s assertion, the Plaintiff’s vehicle is proceeding to the left-hand turn, and thus, the Defendant’s vehicle, which is the right-hand vehicle, has a priority to pass through the intersection and is obliged not to interfere with the Plaintiff’s course.

At least 70% of the negligence of the defendant vehicle driver in relation to the instant accident should be recognized.

B. (1) Determination of Article 25 (2) of the Road Traffic Act provides that "if the driver of any motor vehicle intends to turn to the left at the intersection, he/she shall go slowly along the intersection along the center line of the road in advance and turn to the left, and the driver of any motor vehicle shall turn to the left at the center of the intersection." Article 19 (3) of the Road Traffic Act provides that "the driver of