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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. At the time of the instant accident, the part on the left side of the Plaintiff’s vehicle driving the three-lane of the accident situation according to the airport located in Gangseo-gu Seoul Airport Dong on September 20, 2018 at the time of the instant accident, and the front side of the Defendant’s vehicle moving from the two-lane to the three-lane, at the time of the instant accident (i.e., the repair cost of the Plaintiff’s vehicle - KRW 3,456,000 - Self-paid 2,000,000 on November 26, 2018 on the date of the final payment of the insurance proceeds covered by self-paid vehicle loss security insurance proceeds (applicable)
2. In light of the following circumstances, the instant accident was caused by the common negligence of the driver of the original Defendant’s vehicle, and the negligence ratio is reasonable to regard the Plaintiff’s vehicle as 20% and 80% of the Defendant’s vehicle.
① The driver of the Defendant’s vehicle, who tried to change the two-lanes to the three-lanes right-hand left-hand one, was faced with the Plaintiff’s vehicle in the normal course while attempting to change the three-lanes. As such, the main fault in the instant accident ought to be considered as the driver of the Defendant’s vehicle.
② 다만 원고 차량 운전자는 당시 진행 방향 전방 왼쪽에서 피고 차량이 방향지시등을 켠 채 차로 변경을 시도한다는 점을 인지할 수 있었는데도 속도를 줄이지 아니한 채 그대로 진행한 점 등을 고려하면, 원고 차량 운전자에게도 이 사건 사고에 관한 과실이 일부 있다고 보아야 하고, 그 비율은 전체의 20% 정도로 봄이 타당하다.
3. Conclusion: (a) the Defendant: (b) the indemnity amount of KRW 764,800 (=total amount of damages of KRW 3,456,00 x Defendant’s fault ratio of KRW 80%) to the Plaintiff; and (c) the Defendant’s indemnity amount of KRW 2,00,000] to the Plaintiff; and (d) the Plaintiff’s final payment date of the insurance amount of KRW 2,00,000 on November 27, 2018, which is deemed reasonable to dispute the scope of the Defendant’s performance obligation from November 27, 2018 to May 14, 2019; and (e) the Defendant’s indemnity amount of KRW 5%