1. The part of the judgment of the court of first instance against the plaintiff ordering payment is revoked.

2. The defendant on 657.

1. Basic facts

A. On November 30, 2018 at the time of the accident, the part front of the Defendant’s vehicle and the front part of the Plaintiff’s vehicle, where the Plaintiff’s four-lane road in front of the FF in Songpa-gu Seoul at the location of Seoul, 3:53, on November 30, 2018 at the time of the accident, such as the Plaintiff’s insured vehicle (hereinafter “Plaintiff’s vehicle”), left the right side to the right side, while the Plaintiff’s vehicle moving to the right side from the three-lane road, and stopped at the right side of the four-lane (the bus exclusive lane) immediately preceding the access road to the above side.

The payment of 3,089,000 won after deducting 200,000 won of the self-payment of insurance proceeds by December 31, 2018.

B. In full view of the evidence evidence No. 2 and No. 5 of the negligence judgment, and the purport of the entire pleadings, it is recognized that the Defendant’s vehicle continued to run part to the intersection before and after the instant accident occurred.

Plaintiff

The vehicle was forced to enter the vehicle from the three-lane due to the Defendant vehicle, etc., which is illegally parked, but it was difficult to recognize the negligence of the Plaintiff vehicle, without properly examining the Plaintiff vehicle that is bypassing the Defendant vehicle, and considering that the accident occurred at the wind of driving the vehicle as above.

[Ground of recognition] Unsatisfy, Gap 1 through 13, the purport of the whole pleadings

2. In conclusion, the Defendant is obligated to pay to the Plaintiff 3,089,000 won and KRW 2,431,200, which the first instance court accepted by the Plaintiff, 5% per annum from January 1, 2019 to August 29, 2019, which is the day following the day following the final payment of the insurance money the Plaintiff seeks, and 657,800 won additionally recognized by this court, to the Plaintiff, 5% per annum from January 1, 2019 to July 14, 2020 and 12% per annum from the next day to the day of full payment.

Since the judgment of the court of first instance is unfair with some different conclusions, the plaintiff's appeal is accepted, and the judgment of the court of first instance against the plaintiff equivalent to the above additional amount.