손해배상(자)
Defendant E is 5% per annum from May 23, 2016 to July 7, 2017 for the Plaintiff Limited Company A, and for this, 4,180,000 won.
On May 23, 2016, the establishment of the liability for damages was recognized. On May 23, 2016, Plaintiff B operated a dump truck (F; hereinafter referred to as “Plaintiff”) in the vicinity of the Jamban-gun's wastewater in the front direction from the front direction. Defendant E driving a vehicle in SM5 (G; hereinafter referred to as “Defendant”) and passing one lane in the front direction from the southwest area.
그런데 피고 차량이 안전거리를 확보하지 않은 채 운전한 과실로 앞서 가던 아반떼 차량(H)을 들이받았고, 이에 아반떼 차량이 반대차로로 튕겨져 나가 마주오던 원고 차량을 충돌하게 되었다
(A) Evidence No. 1 and the above accident (hereinafter “instant accident”). The Plaintiff Limited Company A (hereinafter “A”) is the owner of the Plaintiff vehicle (Evidence No. 4), and the Plaintiff C and D are the owner of the Defendant vehicle.
According to the above facts of recognition of liability, Defendant E is liable for damages sustained by Plaintiff A due to tort, and the Defendants are liable for damages sustained by Plaintiff B pursuant to Article 3 of the Guarantee of Automobile Accident Compensation Act.
Plaintiff
A also sought damages against Defendant C and D, but it is difficult to view that Defendant C and D are liable for damages arising out of tort on the ground that they are the owner of the Defendant vehicle, and thus, they cannot accept the Plaintiff’s claim for this part of this case.
The plaintiff A asserts that the scope of liability for damages was paid KRW 19,287,720 as repair cost of this case.
In light of the fact that Plaintiff A was unable to submit evidence that incurred the repair cost equivalent to the above amount while the repair was completed in entirety, Plaintiff A was unable to accept Plaintiff A’s claim for this part of this amount because it is difficult to recognize the fact that the repair cost was incurred solely with the descriptions of Nos. 5, 6, 7, and No. 8-1 through 4.