구상금
1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.
1. The circumstances leading up to the instant accident are as follows.
At the time of the accident, on May 10, 2018, May 16:11, 2018, when the insured vehicle of the Plaintiff insured vehicle CD was at the time of the accident, the Plaintiff stopped subsequent to the previous vehicle when the vehicle stops by changing its course from the two lanes to the three-lanes of the above road in order to enter the intersection into the outer cycle of Seoul. The fact that there is no dispute on July 5, 2018 at the time of the payment of the insurance money of KRW 4,673,00, the self-payment of the insured vehicle of self-payment of KRW 500,000,000, the insured vehicle of self-payment of KRW 4,673,00,000, when the insured vehicle of the Plaintiff was at the time of the accident (based on recognition), the entry of subparagraphs A through 5, and the statement and the purport of the entire pleadings in subparagraphs B through B, E, and the purport of the whole pleadings.
2. The parties' assertion
A. The Plaintiff’s instant accident occurred due to the total negligence of Defendant 1, since the Plaintiff’s vehicle was in a state where the Plaintiff’s vehicle was entering and stopped on the third line, and the Defendant’s vehicle neglected its duty of prior watching without securing safety distance, thereby shocking the Plaintiff’s vehicle behind the front line.
B. The Defendant’s instant accident occurred due to the Plaintiff’s total fault or major negligence, since the Plaintiff’s vehicle occupied the Defendant’s vehicle first at the crosswalk and attempted to change the vehicle to the three-lane in normal straight distance, and at the same time, the Defendant’s vehicle that was at the right time discovered the vehicle behind the vehicle in front and was trying to avoid this due to the sudden negligence.
3. Determination
A. The following circumstances, i.e., the driver of any motor vehicle, who follows the motor vehicle behind the motor vehicle traveling in the same direction, shall ensure a necessary distance to avoid any collision with the motor vehicle traveling in the motor vehicle traveling in the same direction when the latter stops suddenly.