Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

A. On January 29, 2019, at around 20:40, Jan. 29, 2019 at the time of the insured vehicle CD of the Plaintiff’s insured vehicle (hereinafter “Plaintiff’s vehicle”), the event and course of the instant accident conflict between the front portion of the Plaintiff’s vehicle and the front side of the Defendant’s vehicle at the intersection, where the place was located in Songpa-gu Seoul E, without traffic control by signal apparatus.

Details of the payment of insurance proceeds shall be paid not later than February 25, 2019, KRW 4,676,945, excluding self-paid charges on the plaintiff's vehicle.

B. Determination of negligence is that the above intersection is not controlled by signal apparatus, and therefore, all of the Defendant vehicles have a duty of care to confirm whether there is another vehicle intending to enter the intersection by looking at the speed of the intersection and looking at the left and right of the intersection, and the Road Traffic Act grants priority to passage to the prior-entry vehicle on the premise that the vehicle has performed temporary suspension or the duty of follow-up at the time of entering the intersection. As such, the fact of the prior-entry should be obvious, and the entry of the vehicle is deemed to be the same as simultaneous entry, and as the Defendant vehicle enters the intersection at a speed higher than the Plaintiff vehicle, it is difficult to deem that the Defendant vehicle was prior-entry, regardless of the conflict of the Plaintiff’s vehicle and the Defendant vehicle’s vehicle. In full view of all the circumstances, it is reasonable to view the cost of the instant accident and the liability of the Defendant vehicle as 50% each.

[Ground of recognition] A.2-7 Evidence, the purport of the whole pleadings

C. According to the Defendant’s duty of reimbursement, the Defendant is obligated to pay to the Plaintiff the amount of KRW 3,090,675, which is calculated as follows, and the damages for delay calculated at the rate of 5% per annum from February 26, 2019, which is the day following the day when the Defendant’s payment of insurance proceeds, to November 14, 2019, which is the day when the first instance judgment was rendered, and 12% per annum from the following day until the day when the payment is made.

3,090,675 won = Total amount of damages of KRW 7,181,350 (=insurance money paid by the plaintiff) 6,681,350.