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. The basic facts

The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter referred to as “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B-wheeled vehicle (hereinafter referred to as “Defendant”).

B. On January 1, 2016, at around 19:40, the Defendant vehicle tried to overtake the Plaintiff vehicle that was driven in the front section of the Damate in front of the Damate in Gangseo-gu Seoul, Gangseo-gu, Seoul, while driving on the right side of the Plaintiff vehicle, and then destroyed the front side of the Plaintiff vehicle by shocking the front side of the vehicle.

(hereinafter “instant accident”). C.

On January 27, 2016, the Plaintiff paid KRW 911,500 as repair cost for damages, such as damage to the right side of the Plaintiff’s vehicle due to the instant accident.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 8, Eul evidence 2

2. According to the above facts of recognition, the accident of this case occurred when the defendant vehicle moved ahead of the plaintiff vehicle which was driven ahead of it on the road of the one-lane road, and it is reasonable to view that the ratio of the defendant vehicle's liability is 10%.

Therefore, the Defendant, the insurer of the Defendant’s vehicle, is obligated to pay the repair cost of KRW 911,500 paid by the Plaintiff for the instant accident, as well as damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from January 28, 2016 to June 25, 2016, the delivery date of a copy of the instant complaint, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the day of full payment.

3. The judgment of the court of first instance, which is just in conclusion, is dismissed as the defendant's appeal is groundless.