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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the supplementary intervenor, respectively, by the plaintiff.
Reasons
1. Cases of indemnity between the insurers of vehicles involved in a traffic accident;
A. On July 26, 2019, 17:40 on July 26, 2019, when the insured vehicle, such as the Plaintiff’s insured vehicle (hereinafter “Plaintiff’s vehicle”), Defendant Insured vehicle (hereinafter “Defendant vehicle”), (hereinafter “Defendant’s vehicle”), insured vehicle (hereinafter “Defendant vehicle”), is the intersection of the instant accident situation, i.e., the front intersection.
In order for Defendant vehicle to enter the right-hand road while driving along the above intersection from the two-lane to the right-hand road, the direction of the right-hand side was changed into the first lane, and the part on the right-hand side of Defendant vehicle was shocked by the left-hand side of Plaintiff vehicle.
Details of the payment of insurance proceeds, KRW 732,910 on September 2, 2019
B. The instant accident, which judged negligence, did not properly examine the following vehicles, and was caused by the primary negligence of the Defendant vehicle that entered the two lanes.
However, the supplementary participant, who is the driver of the plaintiff, may also change the lane in order for the defendant's vehicle to enter the intersection by side, so the vehicle should be operated while examining the attitude, and there is a negligence that is not properly done.
In light of the background of the instant accident, the collision level, etc., it is reasonable to regard the fault ratio between the Plaintiff and the Defendant’s vehicle as 20:80.
[Ground of recognition] Facts without dispute, Gap 1-4 evidence, Gap 6, 7 evidence, Eul 3 evidence, the purport of the whole pleadings
C. According to the Defendant’s duty of reimbursement, the Defendant is obligated to pay to the Plaintiff the amount of KRW 546,328, which is calculated as follows, as well as damages for delay calculated at the rate of 5% per annum from September 3, 2019, which is the day following the payment of insurance proceeds, to June 18, 2020, which is the day of the first instance judgment, and 12% per annum from the next day to the day of full payment.
546,328 won = Total amount of damages of 932,910 won (insurance proceeds of 732,910 won self-paid amount of 200,000 won) ¡¿ 80% - Self-paid amount of 200,000 won
2. The decision of the first instance court at the conclusion is consistent with this conclusion, and the plaintiff's appeal is without merit.