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, the Defendant’s insured vehicle CD at the time of the accident, around 15:50 on August 10, 2018 at the location of the Defendant insured vehicle CD at the time of the accident, where the Defendant’s vehicle, who entered the 4-distance intersection in the E market at the time of Switzerland, entered the intersection along the straight-line signal, was paid for the shock insurance amount of KRW 400,50 on the part of the Plaintiff’s vehicle with the driver’s seat at the time of the accident, KRW 400,50 on the payment of the shock insurance amount to the Defendant’s vehicle’s driver’s seat at the 400,00,000.
2. The Plaintiff’s vehicle, after passing through an intersection, was at least out of the crosswalk, caused an accident, and the Defendant’s vehicle enters the two-lane road bypassing it, and the course is immediately changed to the one-lane road.
Plaintiff
In light of the circumstances such as the shock of the vehicle, the driver of the Plaintiff’s vehicle could be seen to enter the vehicle bypassing the Defendant’s vehicle, and the circumstances such as the background of the accident recognized by the above evidence, the location at the time of the collision with the direction of the vehicle, and the conflict part, it is reasonable to view the accident in this case to be deemed that the negligence of the Plaintiff’s driver and the negligence of the Defendant’s driver were concurrent, and that the negligence ratio was
Therefore, the defendant is obligated to pay to the plaintiff 280,350 won as indemnity amount (=400,500 won x 70%) and to pay damages for delay calculated by the annual rate of 15% per annum as stipulated by the Civil Act from September 15, 2018, which is reasonable to dispute over the existence or scope of the defendant's performance obligation, from September 15, 2018, until November 30, 2018, and from the next day to the date of full payment.
3. Accordingly, the plaintiff's claim shall be accepted within the scope of the above recognition and the remaining claims shall be dismissed as it is without merit. Since the judgment of the court of first instance is just in conclusion, the plaintiff's appeal is dismissed as it is without merit.