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(영문) 대전지방법원 2020.11.04 2019나5213

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates a general taxi transport business in Daejeon Metropolitan City, and is the owner of Daejeon-si for business use (hereinafter “instant damaged vehicle”).

The Defendant is a federation of associations established by the private taxi transport business entities as its members under the Passenger Transport Service Act, and is a mutual-aid business entity that entered into a car mutual-aid agreement with D in relation to the Daejeon E-si for business use (hereinafter “instant cab”).

B. At around 23:25, August 13, 2018, D, driving the instant sea-going vehicle, driving the instant sea-going vehicle, driving the three-lane of G in front of the Daejeon metropolitan area, using two-lanes on the three-lane side of G in the Dasan Heavy Industries located in the new metropolitan area, and changing the direction, etc. into three-lanes for passengers to board the instant sea-going vehicle without operating the direction, etc., and the front part of the instant sea-going vehicle, which was proceeding in the same direction along three-lanes from the rear side of the instant sea-going vehicle, was received as the front part of the front part of the instant sea-going vehicle, and the instant damaged vehicle received the front part of the electric poles in front of the front side of the instant sea-going vehicle and was damaged by the front part.

(hereinafter referred to as “instant accident”). C.

On August 15, 2018, the instant damaged vehicle entered the place of business of H Co., Ltd. (hereinafter referred to as “H”), and the repair of the instant damaged vehicle was completed on September 17, 2018.

The Plaintiff spent 10,407,764 won (i.e., the repair cost of KRW 4,726,539, the repair cost of KRW 5,681,225, and value added tax) for the repair cost of the instant damaged vehicle.

[Ground of Recognition: Facts without dispute, Gap evidence 1 through 7, 9, Eul evidence 5 (including branch numbers for those with a tentative number), and the purport of the whole pleadings]

2. The parties' assertion

A. The plaintiff's assertion is that the defendant shall compensate for the plaintiff's damage caused by the accident of this case as a mutual aid business operator of the household of this case.