구상금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. The plaintiff is a mutual aid business operator who has entered into a mutual aid agreement with Dsi (hereinafter "Defendant taxi") with respect to the bus C (hereinafter "Plaintiff bus"). The defendant is a mutual aid business operator who has entered into a mutual aid agreement with Dsi (hereinafter "Defendant taxi").
On August 28, 2018, at around 07:10, Defendant taxi turned into the right side through the prohibited section for change of lanes, while driving four lanes from the five-lanes in the direction of the Dongjak-gu Seoul Olympic Games. In order to move into the National Cemetery, Defendant taxi turned into the right side through the prohibited section for change of lanes.
In this regard, the E-vehicle, which followed Defendant taxi (hereinafter referred to as “non-party vehicle”) on the fourth lane, reduced the speed, but the Plaintiff bus following Non-party vehicle, which followed Non-party vehicle, conflict with the rear of the non-party vehicle.
(hereinafter “instant accident”). By October 18, 2018, the Plaintiff paid the mutual aid amount of KRW 4,604,360,000, in total, for the medical expenses and agreement of the passengers on board the Nonparty’s vehicle due to the instant accident, and for the repair cost of the vehicle.
[Grounds for Recognition: Evidence Nos. 1 through 4, each entry and video of Evidence No. 1 through 4, and the purport of the whole pleadings]
2. Determination as to the cause of action
A. A driver of any motor vehicle and driver of any motor vehicle within the scope of the right of reimbursement shall secure a necessary distance to avoid any collision with the motor vehicle running ahead of it (Article 19(1) of the Road Traffic Act), and shall not change the course of the motor vehicle at a place specially prohibited from any change of course with safety signs (Article 14(5) of the Road Traffic Act), and shall not rapidly stop the motor vehicle or reduce the speed of the motor vehicle unless it is necessary to prevent any danger and other unavoidable circumstances (Article 19(4) of the same Act). According to the above facts, the accident of this case is prohibited from any change of course with the motor vehicle driver of the plaintiff bus, who fails to sufficiently secure the safe distance with the non-party vehicle in preparation for the inevitable traffic situation, such as the sudden stop of the preceding motor vehicle on the motorway.