구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. At the time of the occurrence of the basic fact-finding accident, the Defendant bus in the state of the F-accident in Incheon, Seo-gu at the location of 21:10 on Nov. 19, 2018 at the time of the insured vehicle D E, the insured vehicle, and the insured vehicle, proceeding from the two-lanes of the above location, and changing the two-lanes into the one-lanes, the part of the Plaintiff bus, which was straightened in the first lane, is shocking behind the left side of the Defendant bus. The insurance money paid in KRW 2,726,440 on the insurance money, KRW 398,00,00;
A. The circumstances surrounding the instant accident are as follows.
B. In the instant accident, the first instance judgment determined the fault ratio of the Plaintiff’s driver and the Defendant’s bus driver 10:90, and decided against the Defendant, the lower court determined that the Plaintiff would pay 2,05,796 won (i.e., total damages 2,726,40 won x 90% x 90% - exemption 398,000 won) and delay damages.
【Ground of recognition】 The fact that there has been no dispute, Gap 1, 3, 6 evidence, Eul 1, and the purport of the whole pleadings
2. Summary of and judgment on the grounds for appeal
A. The driver of any motor vehicle in the summary of the grounds for appeal shall not change the course when it is likely to impede the normal traffic of other motor vehicles running in the direction to which he/she intends to change his/her course (Article 19(3) of the Road Traffic Act). Moreover, in the case of a bus with a longer body, the driver of any motor vehicle shall be obliged to change the lane safely with due regard to such change.
Nevertheless, in light of the fact that the Defendant bus did not turn on the direction light and rapid change of the lane within the intersection that should promptly pass through the Defendant bus according to the signals and caused the instant accident. In particular, the conclusion of the judgment of the first instance that recognized that the Plaintiff bus was negligent by 10% on the occurrence of the instant accident is unreasonable.
B. Judgment No. 6-2