손해배상(자)
1. The judgment of the first instance court, including the plaintiff's claim extended by this court, shall be modified as follows:
1. The reasons why the court has set forth this part of the liability for damages is the third side of the judgment of the court of first instance.
C. In accordance with the main sentence of Article 420 of the Civil Procedure Act, this part of the judgment of the first instance except for the dismissal as follows:
(C) The Defendant asserts that the Defendant should limit the Defendant’s liability on the ground that there was an error that the Plaintiff could take safety measures after an accident, such as avoiding the way to the side or installing safety signs, etc., in some time interval from the time when the accident occurred after the preceding accident.
In a case where a towing accident occurs by a motor vehicle following a stop on an expressway without taking safety measures on the expressway due to an accident, etc., the driver of the preceding motor vehicle may sufficiently anticipate that the latter motor vehicle may collision with the preceding motor vehicle, and furthermore, collision with other motor vehicles or people in the vicinity. Thus, if the preceding motor vehicle driver could take safety measures after stopping but failed to take such measures by negligence, barring special circumstances, if the latter motor vehicle driver failed to take safety measures after stopping the motor vehicle due to the negligence of the preceding motor vehicle driver, the causal relationship exists between the subsequent motor vehicle driver's failure to take safety measures and the subsequent subsequent motor vehicle's failure to take safety measures, and in light of the ideology of the damage compensation system, the fair sharing of damages, the negligence of the preceding motor vehicle driver shall be considered when determining the scope of sharing the
(2) In light of the following legal principles, the Plaintiff did not commit any negligence on the part of the Plaintiff with respect to an accident with D Driving Vehicle (hereinafter referred to as “motor vehicle”) in light of the aforementioned legal principles, taking into account the following circumstances, comprehensively taking account of all the evidence as seen earlier: (a) the Plaintiff was aware of in full view of the following circumstances.
Even if any, it is a prior accident.