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. The circumstances leading up to the instant accident are as follows.
At the time of the accident, at around 12:25 May 8, 2019 at the time of the accident, the insured vehicle CD of the insured vehicle of the Plaintiff, the insured vehicle of the Plaintiff, left the three-lanes of the road collision situation in front of the transmission station located in 205-lane as the regular manager of the Gwangju Mine-gu, Gwangju, and changed the first lane into the first lane, and the front part of the Defendant vehicle of the vehicle in front of the left side of the vehicle of the Plaintiff, which was located in the first lane, was paid for the collision insurance money of KRW 1,642,00 (based on recognition) and KRW 20,000 of the self-paid vehicle of the insured vehicle of the Plaintiff in front of the right side of the vehicle of the Plaintiff, and the purport of the entire pleadings as a whole.
2. In light of all the circumstances acknowledged by the aforementioned evidence, such as the fact that the shock part of the Plaintiff’s vehicle is the front part of the right side, and that the Defendant’s driver has loaded the vehicle from the third-lane road on the fourth-lane road, and then changed the course of the vehicle rapidly into the first-lane. However, the Plaintiff’s driver could have anticipated that the Defendant’s vehicle will change into the first-lane road, the instant accident is judged to be concurrent by the negligence of the Defendant’s driver, who neglected to check the Plaintiff’s negligence and the rear-lane vehicle, while neglecting to check the vehicle immediately, and it is reasonable to view the error ratio as 1:9.
Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 1,457,80 (i.e., the total amount of damage 1,842,000 x 90% - self-paid 200,000, and Supreme Court Decision 2015Da236431 Decided January 28, 2016) and the following delay damages as follows.
With respect to KRW 1,089,400, which is the amount cited in the judgment of the first instance, the amount shall be 5% per annum as stipulated in the Civil Act from May 25, 2019 to October 22, 2019, which is the date of the first instance judgment, which is appropriate for the defendant to dispute over the existence or scope of the obligation, from May 25, 2019, and from the following day to the date of full payment.