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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. The circumstances leading to the instant accident are as follows.
At the time of the accident, the insured vehicle D E temporarily 18:20 on March 5, 2018 at the time of the accident, the FF vehicle in the situation of road collision (hereinafter “third vehicle”) near the Syang-dong, Syang-dong, Syang-dong, Syang-si, and the above 4-lanes of the above 4-lanes. The insured vehicle (hereinafter “Plaintiff vehicle”) in the two-lanes changed its course to 3-lanes, the part of the body was stopped rapidly over four-lanes in order to avoid collision with the Plaintiff vehicle, and the Defendant Insured vehicle (hereinafter “Defendant vehicle”) who was proceeding at four-lanes of the end of the accident, 1:3rd vehicle and the front part of the 3rd vehicle, 3rd vehicle and the front part of the 3rd vehicle, 3rd vehicle and the front part of the 3rd vehicle, 1:40, 200, 304, 206, 204, 207, 2036, 27).
2. The Plaintiff’s assertion that the instant accident occurred by the Plaintiff is a joint tort caused by the mistake of the Defendant vehicle driver, who neglected the duty of front-time care without securing the safety distance. In light of the circumstances surrounding the instant accident, etc., the degree of contribution by the Plaintiff vehicle driver and the Defendant vehicle driver to the instant accident is 30:70.
Inasmuch as the Plaintiff and the Defendant were jointly relieved of liability upon the payment of insurance proceeds to the victims, the Defendant is obligated to pay the Plaintiff the amount of KRW 17,605,581 (=the total amount of insurance proceeds 25,150,830 x 70%).
The defendant's assertion that the accident of this case was caused by the driver of the plaintiff vehicle who neglected his duty of care at the time of career change.