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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.
Reasons
1. The circumstances leading up to the instant accident are as follows.
At the time of the accident, at around 18:00 on March 24, 2019, the insured vehicle of the Plaintiff (Plaintiff-Appellant), the Defendant’s insured vehicle (Defendant-Appellant), CD temporarily, and on the street (hereinafter “the road of this case”) near the boundary of the new engineer distance in Michuhol-gu Incheon Metropolitan City, Michuhol-gu, Incheon, the vehicle was in motion after changing the course from the actual line where the change of course is prohibited to the three-lanes. The Plaintiff’s vehicle, which was in motion from the latter side, started to find and stop the course to the three-lane, and changed the course to the two-lane to overtake the Defendant vehicle.
On the other hand, the damaged vehicle (E) which was straighted in the two-lanes of the mamast, was brought to a one-lane vehicle, and brought to the other vehicle (F) which was going to a one-lane vehicle.
(hereinafter “instant accident.” The Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 574,060,060, in the name of medical expenses (Evidence 2 of A) to the victim G, who is the driver of the victimized vehicle, until May 22, 2019, as the insurer of the Plaintiff’s vehicle [based on recognition] Party A’s evidence 1 through 4, Party B’s images, and the purport of the entire pleadings.
2. The parties' assertion
A. The Plaintiff’s instant accident was caused by the instant accident, when the Plaintiff’s vehicle, which was normally driven by changing the lane of the Defendant’s vehicle and stopping, was driven by a two-lane in order to avoid a collision, and the Plaintiff’s vehicle, which was driven by the two-lane, was driven by a two-lane vehicle, and the instant accident occurred.
In light of the circumstances of the instant accident, 10% of the negligence of the driver of the Plaintiff’s vehicle, 90% of the negligence of the driver of the Defendant’s vehicle, and 516,654 won (=the amount of insurance money paid to the Plaintiff 574,060 x 90%) and the Defendant jointly discharged from liability with the Plaintiff upon paying the insurance money to the victim.