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(영문) 서울중앙지방법원 2015.04.16 2014나4308

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. (i) The Plaintiff is a non-profit corporation established for the purpose of common welfare, friendship, etc. among its members as a member of an individual taxi transport business entity in Seoul Special Metropolitan City, and has set up an ordinary meeting within the association and carries out the business of compensating for damages in accordance with the provisions of the ordinary meeting and the terms and conditions when the member of the upper meeting causes damages to the car owned by its member due to an accident during the possession, use

A is an owner of a private taxi B (hereinafter referred to as “Plaintiff-Vehicle”), and is a member of the Plaintiff’s association member of the mutual aid association (hereinafter referred to as “instant mutual aid association”).

Belgium The Defendant is a mutual aid business entity that has entered into a mutual aid agreement with respect to Csi (hereinafter referred to as “Defendant vehicle”).

B. On December 5, 2012, the driver of the instant vehicle driving the Defendant vehicle on or around 23:2 of December 23, 2012, and driving the Defendant vehicle on or around 12-lane 12-lane 7, Seongdong-gu, Seoul, along the one-lane 6-lane 12-ro, into a sexual intercourse slope, and driving the snowway in the vicinity of the same intersection, coming from the snowway in the vicinity of the same intersection, and turn off the snow in at least 90 degrees in the direction of visibility and turn back to the 5-lane 90 degrees in the direction of visibility, along the direction of visibility, the driver of the Defendant vehicle driving the Defendant vehicle on the front side of the Defendant vehicle caused an accident that: (a) the Plaintiff’s vehicle was pushed along the right side of the Defendant vehicle, and caused an accident that reeass the Defendant vehicle again by reconcing the Defendant vehicle on the left side of the vehicle.

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

On December 7, 2012, A submitted to the Plaintiff a power of attorney to delegate all the powers pertaining to the instant accident to the Plaintiff.

Accordingly, on January 14, 2013, the Plaintiff paid 3,658,000 won directly to the automobile maintenance business office, which is calculated as adequate as the repair cost of the Plaintiff’s vehicle destroyed by the instant accident.

[Ground of recognition] A without any dispute, Gap's 1, 2, 4, 5, 6, 7, 9, 10.