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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. At the time of the instant accident, around January 24, 2018, at the time of the accident, the location of the accident in the vicinity of the original direction of the Non-Indicted Party CD at the time of the insured vehicle’s accident at the location of the Plaintiff’s insurance relation around 20:5 on January 24, 2018, the location of the accident in the vicinity of the Non-Indicted Party CD at the location of the Non-Indicted Party D, which was located on the two-lane road, and the Defendant’s deductible vehicle (hereinafter “Defendant’s vehicle”) was stopped on the side due to the vehicle trouble, and the Plaintiff’s insured vehicle (hereinafter “Plaintiff’s vehicle”) driven on the two-lane side (hereinafter “Plaintiff’s vehicle”), and the left side portion after the Defendant’s vehicle’s vehicle paid the insurance money that was shocked on May 30, 2018, paid KRW 27,571,030 as the medical expenses and agreed amount for the passengers of the Defendant vehicle [based]
2. Determination
A. According to the evidence of the Plaintiff’s vehicle and the Defendant’s driver’s fault ratio, the instant accident occurred due to the Plaintiff’s failure to perform his duty at the time of the front-down, and the Plaintiff’s driver discovered the Defendant’s vehicle at the latest, and due to negligence, the instant accident occurred.
Therefore, it is reasonable to deem that the accident in this case occurred by the principal negligence of the driver of the plaintiff vehicle.
However, according to Article 66 of the Road Traffic Act and Article 40 of the Enforcement Rule of the Road Traffic Act, when the driver of a motor vehicle becomes unable to drive a motor vehicle on an expressway, etc. due to breakdown or other reasons, the driver of a motor vehicle shall be a safety triangulation vehicle (including a safety triangulation vehicle manufactured to meet the standards determined and publicly announced by the Minister of Land, Infrastructure and Transport pursuant to Article 6 of the Addenda to the partial Amendment of the Rules on the Performance and Standards of Motor Vehicles and Parts of Motor Vehicles (Ordinance No. 386) and attached Table 30-5 of the Enforcement Decree of the Motor Vehicle Management Act.