1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. With respect to the Plaintiff’s C Vehicle (hereinafter “Plaintiff’s Vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to D Vehicle (hereinafter “Defendant’s Vehicle”).

B. On April 15, 2018, around 12:40 on the roads near Geumcheon-gu Seoul, Geumcheon-gu, Seoul, there was a traffic accident that conflicts between the plaintiff's vehicle and the defendant's vehicle who tried to combine the above road with the above road.

C. On May 3, 2018, the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 193,360 for the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 10, Eul evidence 2 to 4, and the purport of the whole pleadings

2. In full view of the background leading up to the occurrence of the foregoing traffic accident, the location of the original and the Defendant vehicle at the time of the accident, and the degree of the collision, which can be seen by the evidence revealed prior to the above facts admitted, the driver of the Defendant vehicle, despite the duty of due care to ensure safe flow so as not to obstruct the normal passage of other vehicles at the time of the accident, is deemed to have caused the said traffic accident while trying to combine the above vehicle with the above road without due care without due diligence.

Therefore, since the above traffic accident occurred due to the total negligence of the driver of the defendant vehicle, the defendant is obligated to pay the plaintiff the insurance proceeds of KRW 193,360, and damages for delay calculated at the rate of 5% per annum under the Civil Act from May 4, 2018 to June 14, 2018, which is the day following the delivery date of the complaint, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. Conclusion, the plaintiff's claim shall be accepted on the ground of its reasoning.

The decision of the first instance court with the same conclusion is justifiable, and the defendant's appeal is dismissed as it is groundless.