beta
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 particulars of the instant accident are as follows.
On August 10, 2017, at the time of the accident, Plaintiff Insured Vehicle (hereinafter “Plaintiff”), Defendant Insured Vehicle (hereinafter “Defendant Vehicle”) (hereinafter “Defendant Vehicle”): (a) around 17:15 on August 10, 2017, the head of Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul (hereinafter “Seoul”); (b) there is a difference between the Plaintiff’s front driver who driven the adjacent lane and the lower part of the vehicle; (c) on the one hand, the Plaintiff’s driver stopped the vehicle on the side; and (d) removed the Plaintiff’s insurance money, which was attached to the lower part of the vehicle; (d) the Plaintiff’s driver / Dong E/F, G U.S. repair details, and KRW 1,267,080 (=7,507,507,509,700,700,500,307,507,507,5007,507,500).
[Grounds for recognition: A1 to 10 evidence (including paper numbers, hereinafter the same shall apply)
(i)each description and image of Eul evidence 1, and the inquiry results of fact-finding with respect to the H. H. oriental medical hospital for the party)
2. Assertion and determination
A. The parties’ assertion that the Plaintiff suffered injury to E, F, and G on the Plaintiff’s vehicle due to the instant accident due to the negligence of the Defendant’s driver, and thus, the Defendant asserted that the Plaintiff should pay the total amount of KRW 2,506,410 to the Plaintiff. On the other hand, the Defendant asserted that the shock caused by the instant accident was minor and did not cause any injury to the passengers, and that the payment of the Plaintiff’s insurance proceeds is excessive.
B. (1) The driver of any motor vehicle who is in charge of driving the motor vehicle shall take necessary measures so as to have the loaded freight covered or fastened so as not to fall off (Article 39(4) of the Road Traffic Act). As seen earlier, the driver of any motor vehicle shall normally drive the motor vehicle on the surface of the road where the loaded freight was loaded while driving the motor vehicle on the road.