A. The Defendant is obligated to pay the said money to the Plaintiff on the ground that the Defendant, while driving a BM5 car, received the MF5 car owned by the Plaintiff and incurred damages of KRW 12,754,778 for the repair cost.

B. The facts of recognition 1) around 08:33 on May 9, 2014, the Defendant: (a) driven a Djun vehicle located in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “Defendant vehicle”); (b) tried to avoid delivery after finding out that the FSM5 vehicle (hereinafter “Plaintiff”) driven by the Plaintiff was moving ahead of the vehicle in the direction of family distance from the direction of the public road distance; and (c) sought to move back to the front of the vehicle. However, there were 12,754,78 won at the repair cost of the Plaintiff vehicle (hereinafter “the instant accident”).

[Ground of recognition] The evidence Nos. 1, 2, 3, Eul No. 1, and the purport of the whole pleadings

C. Determination 1) Since the accident of this case occurred due to occupational negligence, which the defendant did not well look at the situation before the ship, the defendant is liable for the damages suffered by the plaintiff due to the accident of this case as a tort. 2) Since the plaintiff limited liability due to the change of the vehicle line, and the error was caused by the occurrence of the accident of this case, the defendant's liability is limited to 80% in calculating the amount of damages to be compensated by the defendant.

3) Accordingly, the Defendant is obligated to pay to the Plaintiff KRW 10,203,822 ( KRW 12,754,778 x 0.8, and KRW 0.8, and delay damages therefor.

2. As to the defendant's argument

A. 44,520,336 won occurred at the repair cost of the alleged Defendant vehicle, and the Plaintiff’s fault ratio is 90%.

The amount of the Plaintiff’s damage compensation is KRW 1,275,477 (12,754,778 x 0.1). The Defendant’s damage compensation amount is KRW 40,068,302 (4,520,336 x 0.9). Thus, the Defendant’s damage compensation amount is the Defendant’s damage compensation amount.