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;

가. 사고경위 등 보험관계 원고 피보험차량(‘원고 차량’이라 한다) 피고 피보험차량(‘피고 차량’이라 한다) C D 이륜차량 일시 2019. 5. 28. 18:40 장소 남양주시 다산동 3565-5 교차로 이 사건 사고 경위 원고 차량은 3차로 중 2차로를 진행하다가 교차로에 이르러 우회전을 하는데, 뒤따르던 피고 차량이 원고 차량 조수석 뒤 휀더 부분을 충격하고, 튕겨져 3차로에 주차된 차량과 다시 충돌하였다.

Details of payment of insurance proceeds of KRW 1,263,60 (Deduction of Self-Payment of KRW 315,000) on June 7, 2019 (based on recognition), facts that there is no dispute over the payment of KRW 1,263,60 (Deduction of KRW 315,00) on June 7, 201, A1, 2, 3, 5 through 9, evidence

B. In full view of the evidence revealed in the judgment of negligence, the instant accident did not properly examine the following vehicles, but rather did not properly examine the Plaintiff’s vehicle’s fault and the previous vehicle’s attitude on the right side of the Plaintiff’s vehicle, and it is reasonable to view that the negligence of the Defendant’s vehicle, which was overtaken to the right side of the Plaintiff’s vehicle, was concurrent.

However, it is reasonable to view the negligence ratio of the plaintiff vehicle and the defendant vehicle as 40:60 in light of the fact that the plaintiff vehicle was parked in the second lane due to the vehicle parked in the third lane, the background of the accident, the shock level of the vehicle, etc.

C. According to the Defendant’s duty of reimbursement, the Defendant is obligated to pay the Plaintiff the amount of KRW 632,160, which is calculated as follows, and the damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from June 8, 2019, which is the day following the payment of insurance proceeds, to May 14, 2020, which is the date of the first instance judgment, and 12% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full

632,160 won = Total amount of damages 1,578,600 won (payment insurance proceeds of KRW 1,263,600) ¡¿ 60% - Self-paid charges of KRW 315,000) - 315,000.