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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. At the time of the occurrence of the basic fact-finding accident, the plaintiff's vehicle C, the defendant's vehicle, at the time of the occurrence of the basic fact-finding accident, and the defendant's vehicle, at around 20:06 on February 18, 2019, entered the six-lane collision situation of the part near Yongsan-gu Seoul, Yongsan-gu, Seoul, bypassing to F, and changing the course from the six-lane to the five-lane, facing the plaintiff's vehicle in the way of proceeding five-lane;
A. The following are the circumstances leading up to the instant accident (hereinafter “instant accident”).
B. The plaintiff is the owner of the plaintiff vehicle, and the defendant is the insurer of the defendant vehicle.
C. The Plaintiff spent the Plaintiff’s repair cost of KRW 401,200 for the Plaintiff’s vehicle and KRW 509,720 for the repair period of KRW 108,520 for the repair period of one day.
[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 6 (including paper numbers) and the purport of the whole pleadings
2. Determination
A. The Plaintiff asserted by the parties that the instant accident is changing the lane by moving the Defendant’s vehicle to a large radius of power failure to enter F. The instant accident is changing the lane by moving it to F.
As such, the defendant's vehicle driver's damages equivalent to KRW 509,720 shall be claimed to the defendant by asserting that the accident was caused by total negligence.
In this regard, the defendant asserts that the defendant's responsibility should be limited to 60% since the plaintiff's vehicle is faced with the defendant's vehicle while checking the defendant's vehicle bypassing six lanes after the defendant's vehicle and changing the course rapidly to five lanes without lowering the speed.
B. In light of the following circumstances that can be acknowledged by comprehensively taking account of the evidence as seen earlier and the overall purport of the pleadings, the instant accident was caused by the negligence between the Plaintiff’s driver and the Defendant’s driver, and it is reasonable to deem that the percentage was 25:75, and thus, the Defendant’s responsibility is limited to 75%.
(1) The defendant's vehicle is entering F bypassing to a runway.