Of the judgment of the court of first instance, the part against the plaintiff regarding the money ordered to be paid below shall be revoked.

The defendant.

1. cite the corresponding part of the judgment of the first instance court of basic facts: The main sentence of Article 420 of the Civil Procedure Act;

2. The plaintiff argued by the parties that the place where the first and second accidents of this case occurred is highly likely to cause a chain of a subsequent vehicle when the vehicle stops, and thus, the driver of the defendant vehicle who caused the first accident was negligent in notifying the driver of the next vehicle of the danger by using a hand signal, a postline sign, etc., and such negligence resulted in the second accident in conjunction with the driver's negligence of the plaintiff vehicle, and thus, the driver of the defendant vehicle is liable to compensate for the damages suffered by the victim as joint tortfeasor.

In light of the circumstances of the accident in this case, the defendant asserts that the rate of negligence between the driver of the plaintiff vehicle and the driver of the defendant vehicle should be 60:40,000 won (=200,000,000 x 0.4).

In this regard, the defendant asserts that the driver of the defendant vehicle moved the vehicle to a safe place after the first accident, sent the vehicle to the latter, the plaintiff vehicle was also subject to the duty of accident prevention by taking measures such as warning the driver by sirens, private warning, etc., and the second accident is not related to the first accident because the driver's excessive speed and the violation of the duty of accident of the driver, and thus, the defendant vehicle is not liable for the damages caused by the second accident.

3. Determination

(a) In the event that a drilling accident by a motor vehicle following the motor vehicle that stops on the motor vehicle driving along the motor vehicle without taking safety measures, such as moving the motor vehicle to a safe place although it is impossible to drive the motor vehicle due to a prior accident, etc. on the expressway or the exclusive road for motor vehicles, or setting up a sign of a broken motor vehicle, etc. as prescribed by the relevant Acts and subordinate statutes, the prior accident shall be caused to the