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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The circumstances leading up to the instant accident are as follows.
On September 3, 2017, at the time of the accident, the insured vehicle CD of the insured vehicle of the plaintiff insured vehicle of the plaintiff at the time of the accident, and the plaintiff's vehicle was driven by the defendant's vehicle of the plaintiff who found and stopped almost about the defendant vehicle of the plaintiff, and the vehicle of the plaintiff was caused by the plaintiff's vehicle of the plaintiff's 9,620,00 won for the payment of shock insurance money of the plaintiff's vehicle of the 9,620,00 won, without any dispute, and the purport of the whole of the arguments or images as stated in Gap evidence Nos. 1, 6, 8, and 11, or all of the arguments.
2. In light of all the circumstances such as the width and gradient of the road, the direction of vehicle driving, the location and speed of each vehicle at the time of the collision, etc., which can be acknowledged by the above evidence, the accident in this case is determined that the negligence of the driver of the plaintiff vehicle and the negligence of the driver of the defendant vehicle have occurred concurrently, and it is reasonable to view the negligence ratio as 6:4
Therefore, the Defendant is obliged to dispute on the existence or scope of the obligation to pay to the Plaintiff the amount of KRW 3,848,00 (i.e., KRW 9,620,000 x 40%) and on this occasion, from November 2, 2017 following the day following the payment date of the insurance money to October 19, 2018, the Defendant is obliged to pay the Plaintiff damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
3. In conclusion, 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. It is so decided as per Disposition.