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.

On July 9, 2018, the insured vehicle CD of the insured vehicle of the Plaintiff at the time of the accident, and around 16:18 on July 16, 2018, at the time of the accident, the Plaintiff’s vehicle’s right-of-way road collision situation near the Daejeon Seo-dong 1256, the Daejeon Pung-dong 1256, the front part of the Defendant vehicle’s driver’s seat, which was stopped before and departing from the front part of the vehicle at the right-of-way, was paid to the front part of the Plaintiff’s vehicle with the shock insurance amount of KRW 6,434,00 (20,00 as the front part of the Plaintiff’s driver’s seat), without any dispute, the Plaintiff’s self-paid vehicle of the insured vehicle of the Plaintiff’s insured vehicle of KRW 200

2. The Plaintiff’s driver had the previous Defendant’s vehicle stopped at once and resumed, and had sufficient view of the situation in which the front part of the Defendant’s driver’s seat was protruding on the road, then the Defendant’s vehicle was shocked without considering the movement of the Defendant’s vehicle.

On the other hand, the defendant's driver also stopped at the corner of the road, which is an area in which stopping is prohibited under the Road Traffic Act, and caused the accident of this case.

In light of the circumstances that can be acknowledged by the aforementioned evidence, such as the background and conjection of the accident, it is reasonable to deem that the instant accident was caused by the negligence of the Plaintiff’s driver and the negligence of the Defendant’s driver, and that the negligence ratio was 7:3.

Therefore, the Defendant’s indemnity amounting to KRW 1,790,200 (i.e., total damage amounting to KRW 6,634,00 x 30% - self-payment amounting to KRW 200,000, and Supreme Court Decision 2015Da236431 Decided January 28, 2016) and as to this, 5% per annum under the Civil Act from September 13, 2018, which is the day following the payment date of insurance money, appropriate to dispute the existence or scope of the Defendant’s performance obligation until June 14, 2019, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.