beta
(영문) 서울중앙지방법원 2018.05.24 2017나82347

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The grounds for this Court’s liability for damages are as stated in the corresponding part of the judgment of the court of first instance, except for partial dismissal as follows. Therefore, this Court shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 2, "The vehicle has been changed to a two-lane and proceeded along the two-lanes" means "after the defendant's vehicle, the vehicle has changed to a two-lane due to the end of the two-lanes, and the speed has lowered to the left side of the defendant's vehicle".

The third parallel 6 to 16 parallels are as follows.

C. According to the overall purport of the film and pleading of No. 3 and No. 4, No. 8-1, No. 2, and No. 3, the limitation of liability, the following circumstances can be acknowledged:

At the time of the accident of this case, the plaintiff is running at a considerable speed of 100 KK m per hour exceeding the restricted speed of the road (80 K m per hour), and the plaintiff is driving ahead of the front vehicle while changing the lanes to one-4 lanes-2 lanes in the short time for the immediately preceding accident to one minute during the short time.

In the case of the accident of this case, the driver of the road is obliged to fasten the safety belt in the Road Traffic Act as a motorway.

The Plaintiff did not fasten the safety belt during such frequent overtaking.

The Plaintiff rapidly changed the lane at a rapid speed between the vehicle and the Defendant’s vehicle running along the vehicle immediately following the Defendant’s vehicle on the three-lane immediately preceding the instant accident.

The defendant driver tried to change the lane into two lanes. Since the plaintiff's driver who was frequently changing the lane with the above considerable speed, it is difficult to recognize that the plaintiff's vehicle was entering the next lane.

In full view of the above circumstances, the above negligence of the Plaintiff also contributed to the occurrence of the instant accident and the expansion of damages.