1. Of the judgment of the first instance, the Plaintiff’s KRW 373,760 as to the Defendant and its related amount are annually from March 14, 2018 to May 15, 2019.

1. The circumstances leading up to the instant accident are as follows.

At the time of the accident, at around 08:15 on February 7, 2018, the insured vehicle CD of the insured vehicle of the Plaintiff at the time of the accident, the Defendant’s vehicle stops on the left-hand side of the road at the entrance of the public parking lot in Gyeyang-dong, Incheon, Gyeyang-gu, Incheon, and the purport of the entire pleadings and arguments is as follows: (a) there is no dispute over the Plaintiff’s vehicle’s payment of the collision insurance proceeds while the Defendant’s vehicle was at the right-hand while the vehicle was stopped after the vehicle stops, and was stopped to move back to the right-hand space of the road by overtaking the Defendant’s vehicle after the vehicle stops after the vehicle stops; and (b) KRW 517,200,00 of the Plaintiff’s self-paid

2. Determination:

A. In full view of the reasoning of the evidence duly admitted above, the driver of the defendant vehicle who intends to enter the road bypassing from the entrance of the parking lot to the road shall be deemed to have conflict with the plaintiff vehicle by neglecting his duty of care, despite the fact that the driver has a duty of care to sufficiently recognize the plaintiff vehicle waiting to make a bypass and to avoid collision. Therefore, it is reasonable to deem that the accident in this case occurred due to the principal negligence of the driver of the defendant vehicle.

However, the plaintiff's driver also stopped the defendant's vehicle that was stopped first in order to circumvent at the entrance of the parking lot, and could avoid the occurrence of the accident of this case, such as overcoming the defendant's vehicle, and sounding the warning to the defendant's driver who is bypassing the vehicle. Thus, the accident of this case is deemed to have occurred by the negligence of the plaintiff's driver and the negligence of the defendant's driver, and it is reasonable to view that the rate of negligence of the driver of the defendant's vehicle is 80%.

B. Meanwhile, the Defendant makes the Plaintiff vehicle unreasonable in violation of the method of overtaking at the vicinity of the one-lane intersection, in which the overtaking is prohibited under the Road Traffic Act.