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(영문) 서울중앙지방법원 2016.08.09 2015가단5128571

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 19,80,000 and the interest rate of KRW 15% per annum from May 22, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On December 6, 2014, at around 19:10, the Plaintiff’s B taxi (hereinafter “instant taxi”) entered into a mutual aid agreement with the Defendant, a collision between electric poles in front of the distribution of 410-105 Hyundai Franc, Gangdong-gu, Gangdong-gu, Seoul, and caused damage to the Plaintiff’s preliminary high-tension cable for use (hereinafter “instant cable”) (hereinafter “instant accident”).

B. Construction costs for replacing the instant cable due to the instant accident are 19,800,000 won.

[Grounds for Recognition: Facts without dispute, entry of Gap1 through 7, results of a request for appraisal of Onnuri Co., Ltd. in this Court, purport of whole pleadings]

2. Determination

A. According to the above facts, the Defendant, who is a mutual aid business entity of the instant taxi, is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant accident. Thus, the Defendant is obligated to pay to the Plaintiff the costs of replacing the instant cable owned by the Plaintiff, KRW 19,800,00, and damages for delay at the rate of 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 22, 2015 to the date of full payment, following the delivery of a copy of the complaint of this case

B. The judgment of the Defendant’s assertion (1) is not solely owned by the Plaintiff, but is jointly owned by the Plaintiff and the Hyundai Flaman apartment owner, but this is merely merely a denial of the fact that the owner of the instant cable is the Plaintiff, and thus, it is not separately determined.

(2) The defendant asserts that in the case of the cable of this case, the depreciation cost should be deducted in calculating the exchange value based on the restoration cost that is time old after the elapse of the service life, and that it should be restored to its original state.

In full view of the fact-finding results of this court's fact-finding on Korea Electrical Safety Corporation.