Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract (including a special agreement that causes injury to a non-life vehicle) with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the driver of D Vehicle (hereinafter “Defendant Vehicle”).

B. Around 20:15 on March 9, 2019, while the Plaintiff’s vehicle is driving along a three-lane road in the Gandong, Yangcheon-gu Seoul Metropolitan Government, the Defendant’s vehicle driving along the four-lanes in front of the Plaintiff’s vehicle was rapidly changed into a three-lane, and the Plaintiff’s vehicle shocked the front side of the Plaintiff’s vehicle into the left rear part of the Defendant’s vehicle (hereinafter “instant accident”).

C. The instant accident caused the injury of the Plaintiff’s partner (E), and the Plaintiff paid the Plaintiff’s insured employee totaling KRW 2,647,520 (the amount excluding the amount returned by the Plaintiff according to liability insurance subscribed by the Defendant) by April 25, 2019, under the name of medical expenses, agreement, etc.

[Ground of recognition] Each entry or video of Gap evidence Nos. 1 through 5 (including branch numbers), and the purport of the whole pleading

2. Determination

A. Comprehensively taking account of the aforementioned facts admitted and the purport of the entire pleadings, the instant accident is deemed to have been caused by the negligence of the Defendant, the direction of the left-hand side, and the negligence of the Plaintiff’s driver who discovered the Defendant’s vehicle late after changing the lane, while driving along the four-lane road along the four-lane road. In light of the aforementioned circumstances of the accident, it is reasonable to view the percentage of the Plaintiff’s driver and the Defendant’s fault as 20:80.

B. Therefore, it is reasonable for the Defendant to dispute the existence or scope of the Defendant’s obligation from April 27, 2019 to the Plaintiff, who is the insurer of the Plaintiff’s vehicle, as well as KRW 2,18,016 (=2,647,520 x 0.8).