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(영문) 청주지방법원충주지원 2019.06.05 2018가단3222

손해배상(자)

Text

1. The defendant shall pay to the plaintiff (appointed party) KRW 9,94,00, KRW 11,065,00 and each of the above amounts.

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed Party) is an insurer who has entered into an automobile insurance contract with respect to the first vehicle driven by H (hereinafter “Defendant”) at the rest area of the area of the Dansan-gun, the Donsan-gun, the Donsan-gun, and the Selection C is a G store (hereinafter “the second shop of this case”; and the first and second stores of this case are referred to as “each shop of this case”); and the Defendant is the insurer who has entered into an automobile insurance contract with respect to the first vehicle driven by H (hereinafter “Defendant”).

B. Around 06:49 on April 7, 2018, H, while driving the Defendant vehicle, neglected to perform the duty of care in the front direction while running at the rest area of the D Medium Landing Highway E Station in Chungcheongnam-gun, Chungcheongnam-do, and due to the incidental operation of safety devices, such as brakes, he received the instant 2 shop operated by the Selectioner C and the Plaintiff (Appointed Party)’s first shop located inside and outside of each of the instant stores as it is, and destroyed the instant 1 shop due to its shock.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence Nos. 1 through 5, and Eul evidence Nos. 1 to 1 (including branch numbers, if any; hereinafter the same shall apply) or video, and the purport of the whole pleadings.

2. Occurrence and scope of liability for damages;

A. According to the fact of recognition as above, the defendant is liable for damages suffered by the plaintiff (appointed party) and the appointed party C due to the accident in this case as the insurer of the defendant vehicle.

B. 1) The scope of compensation for damages is 7,483,00 won in total, including the cost of restoring the store to its original state, the cost of disposing of waste, and the cost of restoring the store to its original state, ① the Plaintiff (Appointed Party) KRW 3,19,000, and KRW 4,199,000 in the CD and display stand in the first shop of this case, and KRW 165,00 in the waste disposal cost (i.e., KRW 330,000 x 1/2) (i., KRW 3,119,00 in the cost of restoring to its original state) (i.e., KRW 3,19,00 in the cost of restoring to its original state, KRW 4,19,00 in the CD and display stand in the second shop of this case, and ② the Appoint Party C’s restoration to its original state.