구상금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. At the time of the instant accident, at the time of the occurrence of the accident, the part of the back of the Plaintiff’s vehicle’s right side and the part of the Defendant’s vehicle running in the two-lanes from the first lane to the two-lanes of the F Accident situation in the Kimhae-si on June 11, 2019 at the time of the instant accident (i.e., the repair cost of the Plaintiff’s vehicle - KRW 1,682,370 - Self-paid car - KRW 504,00) on the day of the payment of the insurance proceeds secured by the Plaintiff’s self-paid vehicle loss security (based on recognition) on June 21, 2019; (ii) there is no dispute over the entry of No. 1-6, No. 1-4370, Jun. 21, 2019; and (iii) the purport of the entire pleadings as a whole.
2. In light of the following circumstances, the instant accident occurred due to the common negligence of the driver of the original vehicle, and the negligence ratio is reasonable to regard the driver of the Plaintiff vehicle as 70% and 30% of the driver of the Defendant vehicle.
① While the Defendant’s vehicle was driving along the two-lanes, the Plaintiff’s vehicle was trying to change the two-lanes from the one-lanes to the two-lanes, and thus, the instant accident occurred. As such, the main fault is the Plaintiff’s driver.
② However, at the time of the instant accident, road works were being carried out at the front of the instant accident, and accordingly, the vehicles, including the Plaintiff’s vehicle, were changed to a two-lane in turn. As such, the Defendant vehicle driver was able to sufficiently anticipate the movement of the Plaintiff vehicle, but was negligent in front of the instant accident.
Therefore, it should be deemed that the driver of the defendant vehicle is negligent by up to 30%.
3. Conclusion: (a) the Defendant’s reimbursement amount of KRW 711 (=total amount of damages of KRW 1,682,370 x 30%) to the Plaintiff; (b) self-payment amount of KRW 504,00) to the Plaintiff; and (c) the Defendant’s payment date of the insurance money is reasonable to dispute as to the existence or scope of the Defendant’s performance obligation from June 22, 2019 to May 20, 2020, which is the date of the instant judgment, to the date of complete payment.