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. Facts of recognition;

A. The Plaintiff is the driver of the Plaintiff’s vehicle B (hereinafter “Plaintiff’s vehicle”), and the Defendant is the insurer who entered into an automobile insurance contract with the Defendant’s vehicle C (hereinafter “Defendant’s vehicle”).

B. On December 9, 2016, around 20:20 on December 20, 2016, the Defendant’s vehicle that attempted to change the lanes from the second lanes to the third lanes on the third lanes of the roads above the Geumcheon-gu, Geumcheon-gu Seoul Metropolitan Government, and the Plaintiff’s vehicle that was running the third lanes of the said roads had a conflict of traffic accidents.

C. In the event of the foregoing traffic accident, the Plaintiff spent KRW 2,179,000 in total with vehicle repair costs and rental fees for sirens.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 9, Eul evidence 1 to 4, and the purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion is that the Defendant, the insurer of the Defendant’s vehicle, is obliged to pay the Plaintiff the damages amounting to KRW 7,614,00 (i.e., KRW 2,179,00 in total of the Plaintiff’s vehicle repair cost and siren car use fee, ② KRW 5,435,00 in total of the damages and damages incurred in the process of insurance premium increase and the instant disposition) and damages for delay.

B. According to the above-mentioned facts and the evidence revealed earlier, the above traffic accident is determined to be concurrent by the negligence of the driver of the Plaintiff and the driver of the Plaintiff who neglected the duty of front-time and safe driving. In full view of the developments leading up to the occurrence of the traffic accident, the details of the negligence of the driver of the Plaintiff and the Defendant’s vehicle, the damaged parts of the Plaintiff and the Defendant’s vehicle, and the form thereof, it is reasonable to view the negligence ratio of the Plaintiff and the Defendant’s vehicle as to the above traffic accident as 20:80.

Therefore, the defendant among the plaintiff's repair costs and rental fees of 2,179,000 won paid by the plaintiff due to the above traffic accident.