beta
(영문) 수원지방법원 여주지원 2018.07.17 2018가단51572

손해배상(기)

Text

1. The Defendant’s KRW 24,146,570 for the Plaintiff and 5% per annum from July 10, 2017 to July 17, 2018.

Reasons

Facts of recognition

On September 10, 2017, the Plaintiff, along with approximately 10 members of the E-wheeled Motor Vehicle Association, driven the C-wheeled Motor Vehicle owned by it (hereinafter “the instant O-Ba”), and proceeded with the roads D for permanent residence.

At the time, members of the club were driving their own wheelss according to the heat, but only one Mari, from the right side of the proceeding, was set up as a road by the Defendant, conflict with the Oba in this case.

(B) The accident in this case occurred, and the Plaintiff paid KRW 86,670,00 for the medical expenses incurred in the elbow, knee, kneel, and jum, and KRW 23,059,90 for the repair expenses.

(Reasons for recognition) Facts without dispute, each entry or video of Gap evidence 1 through 5 (including each number), and the purport of the whole pleadings.

Judgment

As seen earlier than the Defendant’s liability for damages, the instant accident occurred due to the collision between the Plaintiff’s Obama, whose opening on the road was driven by the Defendant.

The defendant has a duty of care to manage the dog well, so as not to cause harm to others, and it can be presumed that the dog is up to a road because the defendant has not worn a shoulder on the dog or has not properly managed it. Therefore, it is determined that the defendant has not fulfilled his duty of care to bear as a dog.

On the other hand, the defendant claimed that the plaintiff was not liable for the plaintiff's damages, since the plaintiff did not fulfill his duty of care to prepare for the sudden situation by running a 10 large 10 large 10 large 10 large scale road, and the defendant's opening of play was set up as a neck line with the defendant's opening. The plaintiff did not perform his duty of care to prepare for the sudden situation by driving down or temporarily stopping a nearby road.

However, the defendant.