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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. At the time of the instant accident, around 07:20 on Jan. 2, 2019 at the time of the instant accident, the part on the left side of the Defendant’s vehicle, which was in the situation of the road accident in the Busan Jin-gu E apartment complex, Busan-gu, Busan-gu, and the part on the left side of the Plaintiff’s vehicle, are covered by KRW 873,000 (i.e., the repair cost of the Plaintiff’s vehicle - KRW 1,091,000 on the cost of the repair cost of the Plaintiff’s vehicle - KRW 218,000 on Jan. 9, 2019, the fact that there is no dispute on January 9, 2019 [based on recognition]
2. In light of the following circumstances, the instant accident was caused by the common negligence of the driver of the original Defendant’s vehicle, and the negligence ratio is reasonable to regard the Plaintiff’s vehicle as 40% and the Defendant’s vehicle as 60%.
① Since the Plaintiff’s vehicle was only a part of the Plaintiff’s vehicle while the Plaintiff’s vehicle stops, the Plaintiff’s main fault in the instant accident ought to be deemed to exist in the Defendant’s driver.
② However, the Plaintiff’s driver was at least 3/4 of the body’s length beyond the median line (it is inevitable to deem that the median line as above was excessive, considering that there was a parking vehicle on the right side of the direction of the Plaintiff’s driving line). As such, the Defendant’s driver was at fault on the Plaintiff’s driver in relation to the instant accident, since the instant accident resulted in the instant accident.
3. Conclusion: (a) the Defendant calculated the Plaintiff’s indemnity amounting to KRW 436,60 (=654,600 (total damages amounting to KRW 1,091,00 x 60% of the fault ratio of the Defendant’s vehicle) - self-chargeing KRW 218,00) and its payment date, which is deemed reasonable to dispute over the scope of the Defendant’s performance obligation from January 10, 2019, which is the date of the instant judgment, until December 11, 2019, by 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.