Text
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. The circumstances leading up to the instant accident are as follows.
At the time of the accident, on November 19, 2018, at the time of the insured vehicle CD, the insured vehicle in the vicinity of the F Hospital at the time of the accident, at around 14:35 on November 19, 2018, the insured vehicle in the situation of the collision (hereinafter “Plaintiff vehicle”) of the Plaintiff’s insured vehicle in the front of the F Hospital at the time of the time of the accident (hereinafter “the insured vehicle”) proceeds in three lanes in the first two lanes, and the Defendant’s insured vehicle (hereinafter “Defendant vehicle”) was changed to one lane in order to avoid the preceding bus over the second and the third two lanes, while changing the two lanes, the Plaintiff paid the insurance money to the insured of the Plaintiff on December 18, 2018 to the front of the driver’s seat and the first half of the Plaintiff vehicle (hereinafter “instant accident”), the purport of the Plaintiff’s self-paid vehicle in the cost of repair, 200,000 won, self-paid vehicle loss, which was paid at KRW 2,44900,00.
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The gist of the Plaintiff’s assertion was that the Defendant’s vehicle could not expect the change of course from three lanes to one lane, and the instant accident was caused by the division of the two-lane left-hand side, and thus, the instant accident was caused by the negligence of the Defendant’s vehicle. 2) The Defendant’s summary of the Defendant’s assertion did not take any measures even if it could have sufficiently predicted the change of course of the Defendant’s vehicle, so there was 10% of the negligence of the Plaintiff’s vehicle in the instant accident.
B. In full view of the following circumstances, it is reasonable to deem that the instant accident occurred by negligence on the part of the Defendant’s vehicle, in light of the evidence and the purport of the entire pleadings, which are revealed prior to the determination of one negligence.
(1) The driver of any motor vehicle shall be likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change his/her route.