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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. The reasoning of the court of first instance’s explanation concerning this case is as follows, and this case’s assertion is cited by the main text of Article 420 of the Civil Procedure Act, except for the case’s assertion added by the defendant in this court.
2. As to the Defendant’s additional assertion, the Defendant operated the Plaintiff vehicle exceeding 40 tons in violation of the restriction on operation of the vehicle under the Road Act, and designated the instant road that does not have any problem in the passage of a general passenger vehicle as a military training channel, and operated the Plaintiff vehicle as an autonomous one. Ultimately, the Plaintiff’s negligence on the part of the Plaintiff vehicle alleged that the instant accident occurred due to the negligence of the Plaintiff vehicle. However, according to the result of the first instance court’s inquiry into the so-called market, the instant road is not a road subject to the Road Act, but is not a road subject to the Road Act, and the Plaintiff’s gross weight significantly exceeds the general vehicle.
Therefore, the defendant's argument is without merit.
In addition, since the plaintiff recognized 50% of the negligence of the plaintiff's vehicle in the first instance trial, the defendant asserts that 50% of the construction cost of the road in this case is liable to the plaintiff. Thus, the plaintiff's obligation to the plaintiff against the defendant should not be exceeded 3,921,500 won out of the construction cost of the road in this case, on the premise that the plaintiff had the obligation to pay 50% of the restoration cost of the road in this case at the complaint, but the plaintiff's claim that the plaintiff's obligation to the defendant should not be exceeded 3,921,50 won out of the restoration cost of the road in this case was revoked through a written application for modification of the claim and a preparatory document as of November 11, 2015, it is apparent in the record that the statement recognizing the legal relationship or legal effect, which is the premise of the subject matter of lawsuit,