The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

[Claim]

1. Cases of indemnity between the insurers of vehicles involved in a traffic accident;

A. On July 18, 2019, the insured vehicle (hereinafter “Plaintiff vehicle”) Defendant Insured vehicle (hereinafter “Defendant vehicle”) at the time of the instant accident (hereinafter “Defendant vehicle”) DE at the night-dong 267-744 located at the night-dong 18:45 on July 18, 2019, there is no signal apparatus, and the said road is not divided into two lanes, and the location of the accident is its own intersection.

Plaintiff

The part on the right side of the defendant's vehicle driving by the defendant assistant driver who entered the intersection and passes the intersection by keeping the right right from the left side of the direction was shocked in front of the plaintiff's vehicle.

The payment of insurance proceeds shall be made by July 24, 2019, 3,000 won, excluding KRW 500,000,000.

B. The instant accident ought to be deemed to have caused the negligence of both vehicles, which did not properly drive safely in line with the aforementioned road condition.

However, it is reasonable to view the negligence ratio of the Plaintiff’s vehicle and the Defendant’s vehicle as 80:20 in light of the following: (a) that the Defendant’s vehicle entered the said intersection prior to the entry; (b) it is not easy to detect the vehicle coming from the right-hand side because a vinyl, etc. is installed on the right-hand side of the Defendant’s vehicle (in the direction of the Plaintiff’s vehicle proceeding, it would obstruct the left-hand side); (c) it appears that the Defendant’s vehicle entered the said intersection at a speed higher than that of the Defendant’s vehicle; and (d) the shock side of the vehicle.

[Ground of recognition] Facts without dispute, Gap 1 to 6 evidence, Eul 1 to 4 evidence, the purport of the whole pleadings

C. According to the Defendant’s duty of reimbursement, the Defendant is obligated to pay the Plaintiff the amount of KRW 205,060 calculated as follows, and the delay damages calculated at the rate of 5% per annum from July 25, 2019, which is the date following the payment of insurance proceeds, to November 28, 2019, which is the date of the first instance judgment, and from November 29, 2019 to the date of full payment.