1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

purport.

1. The circumstances leading up to the instant accident are as follows.

On December 7, 2017, at the time of the accident, the Plaintiff’s insured vehicle (hereinafter referred to as “Plaintiff’s insured vehicle”) Defendant Insured vehicle (hereinafter referred to as “Defendant vehicle”) (hereinafter referred to as “Defendant vehicle”) (hereinafter referred to as “Defendant”), the Plaintiff’s insured vehicle in Jongno-gu, Seoul, driven the two-lanes of the said road. However, the Plaintiff was rapidly scheduled to avoid the Defendant’s vehicle changing course from the first lane to the second lane (no shock exists). The Plaintiff paid KRW 4,906,930 to the Plaintiff’s passenger F, and KRW 6,580,990 to G, respectively, due to the instant accident.

[Grounds for Recognition] Unsatisfy, each entry and video of Gap evidence 2 through 6 (including each number), the purport of the whole pleadings

2. Determination

A. On the premise that the instant accident occurred by the Defendant’s unilateral negligence, the Plaintiff asserted that the Defendant exercise the right to indemnity against each of the damages of F and G on the premise that the instant accident occurred by the Defendant’s unilateral negligence, the Defendant asserted that the instant accident occurred by the Plaintiff’s negligence.

According to the above facts, although the defendant vehicle appears to have changed the lane somewhat rapidly, in light of the fact that the defendant vehicle continued to be prior to the plaintiff vehicle at the time of the accident in this case and there were no factors to impede the view of the plaintiff vehicle, the driver of the plaintiff vehicle cannot be seen as a situation where it cannot be recognized at all. Thus, the negligence of the driver of the plaintiff vehicle cannot be assessed as zero.

In light of all the circumstances, such as the background of the accident, the degree of conflict, and the degree of shock, it is reasonable to view that the ratio of responsibility of the driver of the Plaintiff’s vehicle in the instant accident is at least 2/3.

We do not accept the plaintiff's assertion exceeding this.

B. The actual tax amount of F loss portion shall be 512,00 won (=64 days x 8,000 won) which shall be 150,000 won which shall be 3,406,930 won.