구상금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. At the time of the instant accident, on September 17, 2019 at the time of the instant accident, the part in front of the right side of the Defendant’s vehicle that changed from the two-lane to the three-lane from the two-lanes in the front road accident situation in Jung-gu Seoul, Jung-gu and the part of the Plaintiff’s left side of the vehicle that changed from the four-lane to the three-lanes at the time of the instant accident, the determination is made on August 2, 2019 on the payment amount of the insurance proceeds against the rear side of the Plaintiff’s vehicle, the cost of repairing the Plaintiff’s vehicle, the cost of repairing the vehicle, and the date of payment of the insurance proceeds secured by self-liability
A. In light of the following circumstances, the instant accident occurred due to the common negligence of the driver of the original vehicle, and the negligence ratio is reasonable to regard 50% of the driver of the Plaintiff vehicle and 50% of the driver of the Defendant vehicle.
(1) When it is anticipated that a driver of any motor vehicle may impede normal traffic of other motor vehicles running in the direction to which he/she intends to change course, he/she shall not change course (Article 19 (3) of the Road Traffic Act) and, when intending to change course while driving his/her motor vehicle in the same direction, he/she shall make a signal with his/her hand, direction indicator or light until such act
(Article 38(1) of the Road Traffic Act. The original Defendant vehicle appears to have changed its course to almost three lanes at the same time (in light of the video of the evidence No. 6, No. 3, and No. 4, the Plaintiff’s assertion that at the time the Plaintiff’s vehicle had already completed the change of course to the three-lanes is not accepted). The original Defendant vehicle driver was negligent in the instant accident since he did not properly examine the front and rear left, while making the change of course without operating the direction direction direction, etc., and thus, the instant accident was committed.
② As the preceding vehicle runs slowly, the driver of the relevant motor vehicle changed the course from the two lanes to the three lanes, and the driver of the relevant motor vehicle also confirmed that the driver of the relevant motor vehicle reduces the speed, and then changed the lane to the four-lane at a considerable speed to overtake the motor vehicle.