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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim of this case is dismissed.
3. All costs of the lawsuit are assessed against the Plaintiff.
Reasons
1. Basic facts
A. On December 3, 2015, at around 18:20 on December 3, 2015, A driven the Plaintiff’s insured vehicle B B B, an insured vehicle (hereinafter “Plaintiff”) and driven the national highway No. 449 located in the 249 Sinpung-gun, Gyeonggi-gu, Gyeong-gun, pursuant to the first line in the direction of Hongcheon-do in a two-dimensional direction, snow slicked down the front left side of the said vehicle, and turned down the second two lanes. At the same time, the Defendant’s vehicle turned down the front left side of the Defendant insured vehicle (hereinafter “Defendant vehicle”) on the left side of the driver’s seat of the Defendant insured vehicle, which was proceeding in the second line. The Defendant’s vehicle turned back from the Plaintiff’s vehicle to the second line and stopped the right side of the vehicle and stopped the front side of the Plaintiff’s vehicle and stopped it in the future.
(hereinafter referred to as “instant accident”). B.
On December 11, 2014, the Plaintiff paid KRW 1.2 million for the agreed amount of KRW 1.2 million for the Plaintiff’s vehicle driver ( = KRW 1.58,860 for losses on suspension of business operations in the future of KRW 588,860 for consolation money). A paid KRW 615,240 for medical expenses to the Gyeyang Hospital that received treatment.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 6, Eul evidence 1-1, 2-2, Eul evidence 2-1 through 4, Eul evidence 3, 4 and 5, and the purport of whole pleadings]
2. The plaintiff asserted and determined that the defendant vehicle has a duty of care to avoid the second collision accident by taking prompt action for operating the vehicle immediately after the shocking from the plaintiff vehicle. However, the defendant vehicle is negligent in stopping the vehicle after going on the plaintiff vehicle that was dissatisfed on the road due to the shocking of the right shouldering day. Such defendant vehicle's fault ratio is at least 30%, and the defendant vehicle's fault ratio is at least 54,570 won (the amount of damages suffered by the accident in this case is 54,570 won (the amount of KRW 58,860, the 5860, the 5860, the 615,240 won for the treatment expenses incurred after the aftermath).