손해배상(자)
1. The part against the plaintiff in the judgment of the court of first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 15,929,640.
The court's explanation of this case is the same as the part concerning the reasoning of the judgment of the court of first instance, in addition to the part that is modified in the following paragraphs. Thus, it is citing it as it is by the main sentence of Article 420 of the Civil Procedure
The amended part of the judgment of the court of first instance shall be amended from 15 to 19 in the following cases:
A person shall be appointed.
C. According to a contract entered into between a freight trucking business operator holding a license for freight trucking services and a borrower practically possessing a motor vehicle, the motor vehicle is registered in the name of the trucking business operator and reverted to the trucking business operator, and, insidely, each borrower conducts a business on his/her own management and account and pays the rent to the trucking business operator, it is an external owner of the motor vehicle and thus seeking compensation for damages arising from the infringement of ownership is within the authority of the landing company.
(See Supreme Court Decisions 88Meu18641, Sept. 12, 1989; 2006Da61055, Jan. 25, 2007). According to the purport of the written evidence No. 4 and the argument No. 4, the Plaintiff’s operation to transport the Plaintiff’s agricultural goods (hereinafter “agricultural goods”) using the Plaintiff’s vehicle, and the Plaintiff’s operation to register the Plaintiff vehicle in the name of the agricultural goods distribution company.
Therefore, the external owner of the Plaintiff’s vehicle is the Nonghyup Logistics Co., Ltd., the incorporated company, and the damage equivalent to the repair cost incurred by the Plaintiff’s vehicle due to an accident was infringed upon by the Nonghyup Logistics Co., Ltd., and thus, the Plaintiff, not the external owner, cannot claim damages equivalent to the repair cost against the Defendant.
The first instance court's 7th to 14th court's 7th court's 7th court decision shall be amended as follows:
E. Accordingly, according to the theory of lawsuit, the defendant shall pay to the plaintiff A KRW 15,929,640 (business loss KRW 12,839,840, KRW 90,800, KRW 3,000, and this shall be applicable.