구상금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
2...
1. At the time of the accident involving recognition, the Plaintiff’s insured vehicle C (hereinafter “Plaintiff”) D (hereinafter “Defendant”) on February 27, 2019 as of February 27, 2019 at the time of the occurrence of the accident involving recognition, the Plaintiff’s vehicle runs directly one lane between the four lanes and the four lanes, and the Defendant vehicle has consecutively changed from the three lanes to the one lane.
On March 21, 2019, the fact that the Plaintiff paid 2,510,000 won (the amount obtained by deducting 200,000 won from the repair cost) based on the security for self-vehicle damage as part of the left-hand part of the Plaintiff’s vehicle is not a dispute between the parties.
2. Determination
A. In light of the following circumstances acknowledged by comprehensively taking account of the overall purport of the pleadings, the instant accident may be assessed to have occurred solely by the negligence of the driver of the Defendant vehicle.
(1) Any driver of a motor vehicle who intends to change course of another motor vehicle shall closely check the movement of the traveling motor vehicle so as not to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change, keep a safe distance, and then alter the lane.
The driver of the defendant vehicle is trying to change the course to a two-lane in succession, while neglecting such duty of care.
The instant accident caused the instant accident.
② From the point of time of the driver of the Plaintiff’s vehicle confirmed in the black image, it seems difficult to expect that the Defendant’s vehicle would change the two lanes in consecutive ways, in the situation where the view of the Defendant’s vehicle, which attempted to change the lanes due to a No. 1 of the No. 2 of the time, was limited.
③ Meanwhile, the Defendant was negligent in passing the Plaintiff vehicle at an rapid speed.