1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

1. Facts of recognition;

A. On July 26, 2015, the Plaintiff was driving a two-wheeled vehicle B (hereinafter “Plaintiff’s two-wheeled vehicle”) on July 15:45, 2015, and driving a road from each of the first lines in the C apartment complex in Chuncheon City, the Plaintiff passes through a road from each of the first lines in front of the road in front of the said apartment complex 501 (hereinafter “Defendant’s vehicle”) and the two-way delivery of the vehicle in front of the said apartment complex. The occurrence of the collision between the rear door to the right side of the Defendant’s two-wheeled vehicle and the front part of the Plaintiff’s two-wheeled vehicle.

(hereinafter “instant accident”). (b)

At the time of the instant accident, the distance between the rear wheels of the Defendant’s vehicle and the front line of the edge of the road was 42 cm, but it was not impossible to pass a two-wheeled motor vehicle.

(See Attached Documents). (c)

The defendant is an insurer who has entered into a comprehensive automobile insurance contract regarding the defendant vehicle.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1 and 2 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above recognition of the liability for damages, the driver shall not open the door of the vehicle without verifying the safety, and shall take necessary measures to prevent the passengers from causing any danger to traffic (Article 49(1)7 of the Road Traffic Act). However, D, the driver of the defendant vehicle, without properly verifying the progress of other vehicles, caused the instant accident due to the negligence of making the passengers open the rear door of the defendant vehicle stopped, and thus, the plaintiff is liable to compensate for the damages caused by the instant accident.

However, if the plaintiff also overtakes another motor vehicle, it shall pass along the left side of the motor vehicle running (Article 21 (1) of the Road Traffic Act), and in the case of a motor vehicle stopping on the right side of the road, it shall be obliged to prevent the accident by driving while paying attention to the unloading of the motor vehicle by the passenger.