구상금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
purport.
1. At the time of the instant accident, at around 10:30 on July 30, 2019 at the time of the instant accident, the Plaintiff’s driver of the Plaintiff’s vehicle: (a) was in a situation in which the Plaintiff’s vehicle CD, at the time of the instant accident, tried to circumvent the instant accident site on July 30, 2019; (b) the part front of the Defendant’s vehicle’s left side of the Plaintiff’s vehicle, which was opened to one underground floor on the second underground floor of the accident of the building underground parking lot in Seongbuk-gu, Seongbuk-gu; and (c) the amount of insurance proceeds, 9,300,000 won (i.e., the Plaintiff’s vehicle repair cost of KRW 9,80,000; (d) self-paid cost of KRW 500,000,000 on September 26, 2019, the Plaintiff’s driver could verify that the Defendant vehicle was going to the left side of the progress direction before reaching the intersection.
In addition, in the situation where the driver of the defendant vehicle goes through a set from the second floor to the first floor underground, the direction of the proceeding is restricted by the wall, and the direction of the proceeding is also restricted by the wall, so he/she is negligent in neglecting to examine the right by paying more attention.
In light of this, it is reasonable to view the negligence ratio of the instant accident as 60% driver of the Plaintiff vehicle and 40% driver of the Defendant vehicle.
3. Conclusion, the Defendant is obligated to pay to the Plaintiff the amount of KRW 3,420,00 (=3,920,000 for the repair cost of the Plaintiff’s vehicle x 40% for the Defendant’s vehicle x 500,000 won for self-paid vehicle x 40% for the Defendant’s vehicle) and to pay damages for delay calculated annually from September 27, 2019, which is the date of the payment of insurance money, to the extent of the Defendant’s obligation to perform from September 27, 2019, which is the date of the first instance judgment, until August 28, 2020, to the day of full payment.
The plaintiff's claim is reasonable within the extent of the above recognition.
The judgment of the first instance is just in conclusion, and thus, the plaintiff is legitimate.