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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
At the time of the accident, on March 2, 2017 at the time of the accident, the driver of the defendant vehicle in front of the road accident in front of the F in Geumcheon-gu, Seoul Special Metropolitan City on March 17:35, 2017 at the time of the accident, had the driver of the vehicle in front of the road accident in Seoul Special Metropolitan City at the front of the bus stop, leaving the G passenger at the two-lanes of the place other than the bus stop. G crossing the roadway, and 16,707,30 (G medical expenses, etc.) the amount of the insurance proceeds covered by the plaintiff vehicle and the side of the vehicle in front of the three-lane, while crossing the roadway, the fact that there is no dispute over the situation of the accident in this case on August 1, 2018, the date of the final payment of the insurance proceeds covered by the passenger indemnity bond security (G medical expenses, etc.), and the purport of the whole entries or pleadings in the evidence and the whole arguments.
2. Determination
A. The instant accident occurred by the driver of the original Defendant’s vehicle as follows, and it is reasonable to regard the negligence ratio as 20% of the Plaintiff’s vehicle and 80% of the Defendant’s vehicle.
(1) No driver of any motor vehicle shall open the door of the motor vehicle or get off the motor vehicle without verifying the safety of the motor vehicle or shall take measures necessary to prevent his/her passengers from causing any danger to traffic.
(Article 49(1)7 of the Road Traffic Act. The accident site of this case has a bus stops on the two-lanes of the three-lanes, and the three-lanes are passing by the vehicles. Thus, if passengers get off or get out of a bus stops at a place that falls short of the bus stops, it is highly likely to cause accidents because the low passengers are left alone on the road.
Nevertheless, inasmuch as the instant accident occurred, the driver of the Defendant’s vehicle: (a) laid off G at a place beyond the bus stops; and (b) G set off three-lanes toward India; and (c) the instant accident occurred, the principal fault in relation to the instant accident ought to be deemed as the driver of the Defendant’s vehicle.
② However, while driving at a relatively rapid speed as the driver of the Plaintiff’s vehicle, it appears that the driver was negligent in driving on the front bank, and it is reasonable to view the negligence ratio to the extent of 20% in total.
B. One of the joint tortfeasors and one of them.