beta
(영문) 서울남부지방법원 2017.07.26 2017가단201747

손해배상(자)

Text

1. The Plaintiff (Counterclaim Defendant)’s liability for damages arising from a traffic accident dated September 30, 2016 against the Defendant (Counterclaim Plaintiff) is 5,608.

Reasons

1. Occurrence of liability for damages;

A. On September 30, 2016, the Plaintiff driven Cmer Truck (hereinafter “Plaintiff”) around 08:0 on September 30, 2016, and parked on the left-hand side of Defendant EMW 740i vehicle (hereinafter “Defendant vehicle”) that was driven by the Defendant’s vehicle in front of Gangseo-gu Seoul Metropolitan Government D at the 4-dong post office located in the direction of the Dae High School (hereinafter “Defendant vehicle”), and then received the part behind the Plaintiff’s driver’s seat on the left-hand side of the Plaintiff’s vehicle. The fact that the Plaintiff received the part behind the Plaintiff’s driver’s seat on the left-hand side of the Plaintiff’s vehicle can be acknowledged by comprehensively taking into account the video of evidence B and

(hereinafter “instant accident”). (b)

According to the above facts of recognition, the plaintiff is responsible for compensating the defendant for damages caused by the accident of this case.

2. Scope of liability for damages

A. The Plaintiff asserts that the Plaintiff’s obligation to pay the Plaintiff’s damages arising from the instant accident (i.e., repair cost of KRW 1,892,000) does not exceed KRW 2,802,00 (i.e., repair cost of KRW 1,892,00).

On this issue, the defendant asserts as follows.

“The Defendant has used the Defendant’s vehicle as a model for his business, which was a manager of the vehicle outside or outside the country, with a special painting (plate stampers). The Plaintiff paid the Defendant the repair cost of KRW 3,418,184 due to the instant accident, and the Plaintiff’s payment of the repair cost of KRW 2,890,00 due to neglect of the vehicle for a long time due to the Plaintiff’s different arguments, and an abnormal increase in the meter board (i.e., KRW 1,606,284,00), special painting equipment of KRW 5,00,000, 2,000, 2,000, 3,80,000, 760,000, 13,80,000, 5,000, 5,000, 43,868,184, and delay damages due to the repair delay.”

B. Determination 1) Repair Costs: The evidence submitted by the Defendant alone to the extent that the repair cost incurred by the instant accident is KRW 1,017,200,00,00,000, for which the Plaintiff is the Plaintiff, based on the evidence submitted by the Defendant, which is KRW 3,198,184 (including provincial equipment).