1. The Defendant’s KRW 20 million to the Plaintiff, as well as 5% per annum from June 22, 2016 to October 25, 2018.

1. Determination as to the claim

A. The facts of recognition (1) The Plaintiff is an insurer of A vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer of B vehicle (hereinafter “Defendant vehicle”).

(2) On April 29, 2016, at around 1:15, the Plaintiff’s vehicle was driving one-lane between the two-lanes in front of the Kim Jong-si, Kim Jong-si.

The defendant vehicle is changed to one lane in the two-lane of the road that the plaintiff vehicle runs.

The plaintiff's vehicle's front and right side part and the left side part of the defendant's vehicle caused an accident that shocks the back part of the defendant's vehicle.

(3) The Plaintiff paid KRW 32,850,000 to the Plaintiff’s vehicle by June 21, 2016 due to the instant accident.

(4) The Defendant concluded an automobile insurance contract with the limit of physical damage compensation for the Defendant’s vehicle as KRW 20 million.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1, 5 and 6, each of the records and images

B. (1) Since the main cause of the instant accident occurred due to the negligence of the Defendant’s vehicle that violated the method of changing the lane, the Defendant is obligated to comply with the Plaintiff’s claim for reimbursement as the insurer of the Defendant vehicle.

(2) However, in light of the fact that the Plaintiff’s vehicle had a duty of care to safely drive in preparation for the sudden situation, such as at night at the time and driving the Defendant’s vehicle, and the damaged part and its contents together, it is reasonable to limit the liability ratio of the Defendant’s vehicle to 75%.

(3) Accordingly, the amount based on the ratio of responsibility of the Defendant’s vehicle is equivalent to 24,637,500 won (=32,850,000 won x 75%). However, the scope of the Plaintiff’s reimbursement to the Defendant is 20 million won, the limit of liability for the property damages, and statutory interest or damages for delay after the date of joint exemption.

(4) Therefore, the Defendant is from June 22, 2016, which was the day following the date on which the Plaintiff paid the instant insurance money to the Plaintiff.