구상금
1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.
2. Costs arising from an appeal and an incidental appeal shall be respectively.
1. Basic facts
A. As to A private taxi (hereinafter “Plaintiff”), the Defendant is a mutual aid business operator who has entered into a mutual aid agreement with respect to B truck (hereinafter “Defendant”), respectively.
B. On August 9, 2016, around 15:00, the Plaintiff’s vehicle running along the two lanes prior to the new construction site of the Gangseo-gu Seoul Metropolitan Gangseo-gu Sungdong, Gangseo-gu, Seoul Metropolitan Government, found that the bus running along the three-lane road in the same direction is seeking to change the lane on the left-hand direction direction, etc., and taking prompt action, the Defendant’s vehicle running two-lanes depending on the Plaintiff’s vehicle conflict with the back part of the Defendant’s vehicle in the front part (hereinafter “instant accident”).
C. On September 9, 2016, the Plaintiff paid the mutual aid amount of KRW 2,681,000 at the repair cost of Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 1 (including paper numbers) and the purport of the whole pleadings
2. Determination as to the cause of action
A. Examining the occurrence of liability for damages, the above recognition ratio, and the purport of the entire argument as seen earlier, the instant accident can be deemed that the negligence of the Plaintiff’s driver and the Defendant’s driver who violated the duty of securing safety distance between the vehicle and the duty of securing safety distance, and the duty of securing safety distance between the vehicle, was concurrent, in a situation where the instant bus used direction direction, etc. for the change of the vehicle, and did not take account of the movement of the vehicle at a considerable distance from the Plaintiff’s vehicle at the time when intending to change the vehicle line.
In light of the place and circumstances leading up to the instant accident, the damaged parts and degree of the Plaintiff’s vehicle and the Defendant’s vehicle, and the behavior of the Plaintiff’s driver and the Defendant’s driver before and after the instant accident, the fault ratio between the Plaintiff’s driver and the Defendant’s driver in relation to the instant accident is determined at 15%:85%.