손해배상(자)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Determination as to the cause of claim
A. 1) The Plaintiff, a car rental business entity under the Passenger Transport Service Act, is a BNS vehicle (hereinafter “Plaintiff vehicle”).
(C) the Defendant is the owner and lessor of the vehicle, and the Defendant is the Defendant’s vehicle of C1 ton (hereinafter “Defendant’s vehicle”).
(2) On July 14, 2015, around 08:40 on July 14, 2015, the Defendant’s vehicle, which was parked in the front of Gangnam-gu Seoul, was under the back of the Defendant’s vehicle, and the Plaintiff’s vehicle was under the direction of 72 roads from Samsungro to bankruptcy (hereinafter “instant accident”).
3) The Plaintiff incurred 3,859,300 won in total, including the annual rent of KRW 2,394,00,000, which occurred due to the Plaintiff’s failure to operate a vehicle from July 14, 2015 to July 20, 2015, which is the repair period of the Plaintiff’s vehicle. The Plaintiff sustained 3,859,300 won in total (i.e., daily rent of KRW 399,00 x 6 days). [In the absence of dispute over the grounds for recognition, each of the descriptions and images of subparagraphs A1 through 8, and the purport of the entire pleadings.
B. In light of the facts acknowledged earlier, it is reasonable to view that the instant accident was shocked while the Defendant’s vehicle was brupted.
Therefore, the accident in this case seems to have occurred due to the total negligence of the driver of the defendant vehicle.
(1) In the first instance trial, the Defendant asserted that the instant accident occurred due to the driver’s negligence of the Plaintiff’s vehicle, and based on the facts acknowledged earlier, the Defendant’s assertion is without merit. In addition, the Defendant submitted a petition of appeal and failed to submit the grounds of appeal separately. Therefore, the Defendant’s damages amounting to KRW 3,859,300 due to the instant accident (i.e., KRW 1,465,300 (i., KRW 2,394,000) and as sought by the Plaintiff, the following day of the delivery of the copy of the instant complaint from July 8, 2016 to the day of complete payment.