beta
Text
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 instant accident, at around 07:48 August 2, 2018 at the time of the occurrence of the instant accident, the Defendant’s vehicle in the situation of the road accident near the building in the vicinity of the building at the location of the instant accident:3,214,30 won (hereinafter “instant accident”) paid insurance money for the part, such as the c,214,300 won in front of the righter of the Plaintiff vehicle and the c,217,300 won (i.e., the repair cost of the Plaintiff vehicle 4,017,300 won - Self-Charge 803,000 won) on October 4, 2018, when the insurance money secured by the Plaintiff vehicle was transferred to the first way while the Defendant vehicle was driving in the said two-lane of the said road at the location of the said road. The purport of the entire pleadings is without dispute over the grounds for recognition, Gap’s subparagraphs 1 through 5, 1, 2, 4, and 5 of evidence or video.
2. Determination
A. In light of the following circumstances, it is reasonable to view the negligence ratio between the Plaintiff’s driver of the vehicle and the Defendant’s driver of the vehicle as 10%: 90%.
① The driver of any motor vehicle shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change course (Article 19(3) of the Road Traffic Act). In light of the fact that the defendant motor vehicle at the time is negligent in performing its duty of care at the time of change of course, and that the driver of any motor vehicle suddenly changed course while he/she shocks the plaintiff motor vehicle without due care at the time of change of course, it is reasonable to deem that the accident in this case was caused by the principal negligence of the defendant motor vehicle driver who violated the duty of care at the time of change
(2) If the defendant vehicle has changed rapidly from a two-lane to a one-lane, it takes place in the course of avoiding another vehicle that has changed rapidly from a three-lane to a two-lane, and the driver of the plaintiff vehicle is also the driver of the foregoing other vehicle and the defendant vehicle that is proceeding in the front section.