구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and the purport of the appeal shall be the first instance.
1. The circumstances leading up to the instant accident are as follows.
On November 15, 2018, the date when the driver referred to as the "Defendant Vehicle") D (hereinafter referred to as the "Defendant Vehicle") of the deducted Vehicle C (including the time when the driver is called, including the time when the driver is named) of the deducted Vehicle C (hereinafter referred to as the "Defendant Vehicle") at the time of the accident, the Plaintiff Vehicle driven the two-lanes of the vehicle in the vicinity of the details of transmission of the vehicle in Seocheon-gu, Seocheon-gu, Seocheon-si (hereinafter referred to as the "accident site") around November 15, 2018, while the Plaintiff Vehicle drivened the three-lanes of the three-lane road, the Defendant Vehicle driven the three-lane road at the time of the change of course, and the Defendant Vehicle driven the three-lane road at the time of the accident, and accordingly, the Defendant Vehicle’s passenger was paid the amount of the mutual aid fund paid to the Defendant Vehicle on May 20, 2019 [Recognizing the grounds for recognition], Gap evidence No. 1, No. 292-3
2. Determination
A. The gist of the parties’ assertion asserts that the instant accident is about 60% of the negligence of the Defendant vehicle, since the negligence of the Defendant vehicle, which had been changed in the course in the same direction, is competing with the Plaintiff vehicle, even with the Plaintiff vehicle that had been changed in the course from the two lanes to the three lanes at the instant accident site.
In regard to this, the defendant, while the defendant was driving ahead of the plaintiff's vehicle on the three-lane road, the defendant's vehicle could not avoid collision because the plaintiff's vehicle attempted to change the course rapidly in the defendant's future without any indication of career change in order to enter the aggregate.
The argument is asserted.
B. (1) In light of the following circumstances, it is reasonable to deem the instant accident to have occurred due to the Plaintiff’s unilateral negligence, in particular, in light of the following circumstances, such as the characteristics of the instant accident site, the background of the accident, the degree of conflict, and the degree of shock, as seen in the above-mentioned facts and the evidence revealed earlier.
The driver of any motor vehicle who intends to change course of the motor vehicle running ahead of it shall be the speed, route and route of the motor vehicle.