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

At the time of the accident, the insured vehicle (hereinafter “Plaintiff”) Defendant Insured Vehicle (hereinafter “Defendant Vehicle”) CD date and November 26, 2016, is as shown in the annexed drawings of the Incheon Southern-gu E collision situation at the place of Incheon, Nam-gu.

(Provided, That the plaintiff, the borrower, and the borrower are the defendant's vehicles). The payment of insurance proceeds of KRW 1,910,980 (the final payment date January 24, 2017) is not subject to dispute (based on recognition), Gap 1 through 3, Eul 1, and the purport of the whole pleadings.

2. The plaintiff asserts that the ratio of liability of the defendant's vehicle is 10%, and the defendant asserts that there is no negligence of the defendant's vehicle since the plaintiff's vehicle left ahead of the defendant's vehicle.

In light of the above facts and the circumstances revealed by the evidence mentioned above, such as the background of the accident, the degree of conflict, and the degree of shock, and in particular, in light of the fact that the Defendant’s vehicle seeks to turn on the direction direction, etc. from the time when it was considerably subsequent to the Plaintiff’s vehicle, it is reasonable to view that the ratio of the Defendant’s driver’s liability is at least 10%, even in light of the circumstances where the Plaintiff’s driver was unreasonable.

Therefore, the Defendant is obligated to pay the Plaintiff, who acquired the right to claim damages against the Defendant by subrogation, the amount of KRW 191,090 multiplied by 10% of the liability ratio of the Defendant’s vehicle within the reasonable amount of damages, and the damages for delay calculated by 5% per annum as stipulated in the Civil Act from January 25, 2017 to April 20, 2018, the delivery date of the copy of the complaint of this case, from January 2018, the delivery date of the copy of the complaint of this case, and the damages for delay calculated by 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. As such, the plaintiff's claim of this case should be accepted on the grounds of its reasoning.

The decision of the first instance court is just in conclusion and thus, the defendant's appeal is dismissed.