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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. The fact of recognition ① The Plaintiff is the insurer of the vehicle C (hereinafter referred to as “Plaintiff”) and the Defendant is the insurer of the D Used Vehicle (hereinafter referred to as “Defendant Vehicle”). ② On March 27, 2018, the Plaintiff’s vehicle is the insurer of the D Used Vehicle (hereinafter referred to as “Defendant vehicle”); ② on March 27, 2018, at the vicinity of the air subway Station No. 2 of the Seocho-gu Seoul citizens’ forest subway Station, the Plaintiff driven the four lanes on the right side and attempted to turn back the vehicle to the right side; and (i) the Defendant’s vehicle used after the end of the accident (hereinafter referred to as “the instant accident”); (ii) the Plaintiff’s vehicle was destroyed due to the instant accident; (iii) the Plaintiff’s vehicle was deducted KRW 200,000,000 for the repair cost of the Plaintiff’s vehicle; and (iii) the Plaintiff’s vehicle did not have any dispute over the purport of No. 614,000, Jan. 17, 2017
2. The parties' assertion
A. As the Plaintiff’s asserted driver, it was not possible to expect the Defendant’s vehicle to stick to the right-hand side for overtaking, and the occurrence of the accident could not be avoided.
Therefore, the instant accident shall be deemed an accident caused by the previous negligence of the driver of the Defendant’s vehicle, and the Defendant shall pay the Plaintiff KRW 614,00,000, which is the full amount of the repair cost of the Plaintiff’s vehicle paid to the Plaintiff
Nevertheless, it is unreasonable for the court of first instance to recognize only 20% of the negligence of the driver of the plaintiff vehicle and recognize only the amount of comparative negligence.
B. The Defendant’s assertion did not want to overtake the Plaintiff’s vehicle, and was going behind the Plaintiff’s vehicle, and attempted to turn the vehicle to the same way as the Plaintiff’s vehicle.
Plaintiff
Since the vehicle does not operate the direction direction, it is believed that the vehicle as the driver of the defendant vehicle will be directly driven by the plaintiff.