구상금
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. The circumstances leading up to the instant accident are as follows.
At the time of the accident, at around 11:00 on September 13, 2018, the insured vehicle CD of the Plaintiff insured vehicle at the time of the accident, with the highest level of collisions near the Southern-gu Mandong-gu Mandong-gu Mandong-gu Mandong-gu, the front side of the Defendant vehicle, and the front side of the Plaintiff vehicle, carried in the U.S. Mandong-gu Mandong-gu Mandong-gu Mandong-gu Mandong-gu, without any dispute, 200,00 won of the insured vehicle's self-employed vehicle's share of KRW 920,00,00 for the insured vehicle's own
2. In light of all the circumstances, such as the background of the accident that can be acknowledged by the foregoing evidence, road conditions of the accident site, and the conflict conflict, it is reasonable to deem the instant accident to be 15:85, on the ground that the negligence of the Plaintiff’s driver and the negligence of the Defendant’s driver were concurrent.
Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 752,00 as indemnity (i.e., total damage 1,120,000 x 85% x self-paid 200,000 won - Supreme Court Decision 2015Da236431 Decided January 28, 2016) and to pay damages for delay calculated at the rate of 15% per annum as stipulated in the Civil Act from November 22, 2018, the day following the payment date of insurance money, which is appropriate to dispute the existence or scope of the Defendant’s performance obligation, until May 30, 2019, and the day following the date of the first instance judgment, which is stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.
3. In conclusion, the plaintiff's claim shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed due to the lack of reasonable grounds.
The judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.