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(영문) 대구지방법원 2017.11.17 2017가단102096

손해배상(기)

Text

1. The Defendant’s KRW 7,373,700 as well as the Plaintiff’s annual rate from August 25, 2017 to November 17, 2017.

Reasons

1. Basic facts

A. The Plaintiff engaged in the business of trading used cars (hereinafter “instant vehicle”) through the auction company in Incheon.

B. The Plaintiff requested the Defendant, who was engaged in the transaction of transport of ordinary vehicles, to transport the instant vehicle from Incheon to Daegu, a place of business.

C. However, the Defendant did not directly transport the instant vehicle, and caused C to transport the instant vehicle, and the instant vehicle was destroyed due to negligence while C was carrying the instant vehicle.

The Plaintiff disbursed KRW 60,450,00 as the purchase cost of the instant vehicle, and KRW 643,70 as the acquisition tax of the instant vehicle, and paid KRW 450,00 to the Defendant at the vehicle transport cost.

E. The Plaintiff received KRW 30 million from KB Damage Insurance Co., Ltd. with respect to the instant vehicle, and received KRW 24,170,000 by selling the instant vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

2. According to the above fact-finding, the Plaintiff suffered vehicle damage of KRW 6,280,00,000, after deducting the above insurance proceeds from KRW 60,450,000 from KRW 30,000 from the purchase cost of the instant vehicle due to the destruction of the instant vehicle and KRW 24,170,000 from the sales price of the instant vehicle.

In addition, acquisition tax of the vehicle of this case and transportation cost of KRW 643,700 and transportation cost of KRW 450,000 shall also constitute damages in proximate causal relation with the damage of the vehicle of this case, and the defendant shall be the joint tortfeasor or the user of this case and shall be liable to compensate for the damages inflicted on the plaintiff due to the damage of the vehicle

In addition, the Plaintiff asserts that the Defendant should compensate for the loss of operating income of KRW 6,045,00 due to the damage of the instant vehicle. However, there is evidence to deem that the Plaintiff sustained the loss of operating income as above due to the damage of the instant vehicle.