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 A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On December 19, 2016, around 11:40, the collision occurred between the Plaintiff’s vehicle and the Defendant’s vehicle, who was on the left-hand side from the right-hand side of the vehicle in the direction of the vehicle’s proceeding, and the left-hand turn from the intersection of the front of the Southerndong Elementary School (hereinafter “instant intersection”) in front of the other southdong Elementary School (hereinafter “instant intersection”).

C. On January 20, 2017, the Plaintiff paid KRW 102,000 as the insurer of the Plaintiff’s vehicle, due to the instant traffic accident.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 12, Eul evidence 1 to 5 (including paper numbers) and the purport of the whole pleadings

2. According to the above-mentioned facts and the above-mentioned evidence, the traffic accident in this case is determined to be concurrent by the negligence of the driver of the plaintiff vehicle who entered the road rather than the defendant vehicle in this case but entered the road in somewhat unreasonable manner, and the negligence of the driver of the defendant vehicle who neglected the duty of safe driving. Considering all circumstances revealed in the arguments, such as the occurrence of the traffic accident in this case, the occurrence of the traffic accident in this case, details of the negligence of the driver of the plaintiff vehicle and the defendant vehicle, damage damaged parts of the plaintiff and the defendant vehicle in this case, it is reasonable to view the negligence ratio of the plaintiff vehicle and the defendant vehicle in this case to 20:80.

Therefore, the defendant's 81,600 won (i.e., 102,00 won x 80%) equivalent to the ratio of the defendant's vehicle's fault among the insurance money paid to the plaintiff (i.e., 102,000 won x 80%) and the defendant's dispute over the existence or scope of the defendant's performance obligation from January 21, 2017 to October 27, 2017, which is the date when the first instance judgment is rendered, shall be 5% per annum as stipulated in the Civil Act, and the next day.