손해배상(자)
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
1. Basic facts
A. The circumstances surrounding the instant accident are as follows.
At the time of the accident, around 02:35 March 10, 2019 at the time of the accident, the part on the right-hand part of the Plaintiff’s vehicle, which was driven on the left-hand side of the Defendant’s vehicle, was changed from two lanes to one lane in the situation of the collision of the fourth line road in the vicinity of the F in Gwangju Northern-gu, Gwangju-gu, into the left-hand side of the Defendant’s vehicle.
B. The instant accident requires KRW 1,289,978 (the Plaintiff is a taxpayer under the Value-Added Tax Act, and thus the Plaintiff is a taxpayer under the Value-Added Tax Act) and KRW 1,326,178, totaling 36,200 of the annual leave fees.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 4, and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that the Plaintiff’s assertion was that the instant accident occurred due to the Defendant’s unilateral negligence, since the Defendant’s driver was entering one lane in the U-turn-prohibited Zone without a direction-setting direction, and it was impossible to expect or avoid the Defendant’s vehicle to enter the first lane without a direction-setting direction.
The defendant asserted that the accident of this case occurred because the defendant's vehicle was driven ahead of the plaintiff's vehicle and was driven at a very slow speed, and the plaintiff's vehicle was going to go to balk and expressed its intention to enter the first lane, but the plaintiff's vehicle was showing its intention to enter the first lane.
B. The following circumstances, which can be acknowledged by comprehensively taking account of all the evidence and the purport of the entire pleadings as seen earlier, are recognized, namely, at the time when the Defendant’s vehicle proceeding prior to the Plaintiff’s vehicle, is changing from the third to the second two lanes, and even if it is recognized, the Plaintiff’s vehicle is on the second lane.