1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

1. Facts of recognition;

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

B. On January 4, 2017, around 09:30, the Defendant’s vehicle, which was proceeding in the opposite direction of the Plaintiff’s vehicle, at the E-section located in Kimpo-si, Kimpo-si, left left the left, was a collision between the front part of the Plaintiff’s driver’s seat and the front part of the Plaintiff’s driver’s seat (hereinafter “instant accident”).

C. The Plaintiff paid KRW 1,605,300 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above-mentioned facts and the evidence revealed earlier, considering all circumstances revealed in the pleadings, such as the background of the instant accident, the details of the fault of the driver and the driver of the Plaintiff and the Defendant’s vehicle, the damaged parts of the Plaintiff and the Defendant’s vehicle, and the form thereof, it is reasonable to view the negligence ratio of the Plaintiff and the Defendant’s vehicle to 60: 40.

Therefore, the Defendant is obligated to pay 642,120 won (i.e., KRW 1,605,300 x 40%) equivalent to the fault ratio of the Defendant’s vehicle out of KRW 1,605,300 paid by the Plaintiff to the Plaintiff (i.e., KRW 1,605,30 x 40%) as well as damages for delay calculated at the rate of 15% per annum under the Civil Act from January 11, 2017, which is the day following the payment date of insurance money, to December 20, 2017, when the Defendant dispute over the existence or scope of the obligation to pay to the Plaintiff from January 20, 2017, which is the date of the first instance judgment,

3. In conclusion, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.