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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. The circumstances leading up to the instant accident are as follows.
(However, at the time of the accident, Defendant B Co., Ltd. and Defendant C Co., Ltd. are “Defendant C”; at the time of the accident, at around 20:39, July 19, 2018, at the time of the insured Plaintiff’s insurance relation, Defendant C Co., Ltd.: (a) discovered Defendant C Co., Ltd who was stopped due to the breakdown on the two-lanes of the Busan Gangseo-gu Highway at the time of the collision between Busan Gangseo-gu and Busan Gangseo-gu Highway at the time of the collision; and (b) found Defendant C Co., Ltd., who was stopped due to the breakdown on July 19, 2018; and (c) changed the course from the two-lane to the one-lane, the front part of the Plaintiff’s right side of the vehicle, which was travelling along the one-lane side of the Defendant D Co., Ltd., Ltd., along the two-lane, at the time of the accident, there is no dispute as to the payment of the shock insurance money, KRW 5,5000,000.
2. In light of all the circumstances that can be recognized by the evidence, such as the place of the accident and the place of collision, it is reasonable to determine that the accident in this case occurred by the negligence of the driver of the plaintiff vehicle who neglected to stop in the front and the negligence of the driver of the plaintiff vehicle and the driver of the defendant vehicle who was parked in the vehicle due to the defendant C while changing the lane. However, the driver of the plaintiff vehicle also did not take measures to avoid the accident, such as speeding and slowing, even if the vehicle could have anticipated the movement of the vehicle in the second lane, and it is reasonable to deem that the accident in this case occurred by the negligence of the driver of the plaintiff vehicle who neglected to stop in the front and the negligence of the driver of the defendant vehicle, and that the rate of negligence is 25:75.
Therefore, the Defendants jointly share KRW 4,138,592 = Total amount of damage 6,184,790 = 75% x 500,00 won of self-charges and less than KRW 4,138,592 as the amount of indemnity to the Plaintiff. Supreme Court Decision 200, Jan. 2016.