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The part against the defendant exceeding the amount ordered to be paid under the judgment of the first instance shall be revoked and that part shall be revoked.
Reasons
1. At the time of the instant accident, at around 23:55 September 2, 2019, the part front of the right side of the Plaintiff’s vehicle that had been changed from one lane to two lanes in front of the road accident situation of the F branch in Seongbuk-gu Seoul Seongbuk-gu at the location of Seongbuk-gu at the time of the instant accident, and on October 2, 2019, in light of the following circumstances, it is reasonable to view the instant accident as the joint fault of the Plaintiff’s driver, and the negligence rate is 70% of the Plaintiff’s driver and 30% of the Defendant’s driver’s driver.
① The driver of the Plaintiff’s vehicle, while driving along one lane and driving on a two-lane course without turning on the direction direction direction, caused the instant accident. As such, the main fault in the instant accident lies in the driver of the Plaintiff’s vehicle.
Meanwhile, the Plaintiff’s negligence on the part of the Defendant’s driver that the Defendant’s driver followed the Plaintiff’s vehicle at the first lane and changed the course into a second lane without using the direction light. However, the instant accident occurred after a certain period of time after the Defendant’s change of course was completed on the second lane. As such, there was no direct causal relationship with the instant accident.
② However, even though it was anticipated to some extent that the Plaintiff’s vehicle, as the Defendant’s driver, is proceeding in the front side of the Defendant’s vehicle with a small number of lanes, and the change of course was made to the right side, it is recognized that the Plaintiff’s vehicle was negligent by up to 30% in connection with the instant accident.
3. Conclusion: (i) the Defendant’s indemnity amounting to KRW 338,100 (i.e., KRW 1,127,00 for the repair cost of the Plaintiff’s vehicle x 30% for the Defendant’s vehicle x 30% for the Defendant’s vehicle’s fault ratio) and the Defendant’s defense as to the scope of the obligation from October 5, 2019,