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(영문) 서울고등법원 2018.04.27 2017나2049790

손해배상(기)

Text

1. The plaintiff and the defendants among the judgment of the first instance, including the plaintiff's claim extended by this court.

Reasons

1. The facts under the basis of facts do not conflict between the parties, or recognize Gap's evidence of Nos. 1 to 3, 1 to 3, 6 to 12 (including the number of each unit; hereinafter the same shall apply), Eul's evidence of No. 1 to 4, and 14, Eul's testimony and video, part of witness F of the party examination witness, and the damage evaluation report of Type No. 3 of the corporation.

[1] On November 30, 2012, the Plaintiff entered into an automobile insurance contract (hereinafter “instant automobile insurance contract”) with Defendant DB Insurance Co., Ltd. (hereinafter “Defendant DB Insurance”), with respect to EB motor vehicles owned by the Plaintiff (hereinafter “instant motor vehicle”).

Defendant B operated the “D store” (hereinafter “instant maintenance business establishment”) which is a motor vehicle maintenance business establishment in Yeongdeungpo-gu, Young-gu.

On May 31, 2013, Defendant B entered into an insurance contract with the Co-Defendant Hyundai Marine Fire Insurance Co-Defendant in the first instance trial (hereinafter referred to as “instant insurance contract”) with a vehicle mechanic’s liability for damages incurred at the instant maintenance business establishment, with the maximum compensation limit of KRW 100,000,000 (per person, per one accident), large amount of KRW 40,000 (one accident), and KRW 500,000 (one accident). (hereinafter referred to as “instant insurance contract”).

[2] On September 30, 2013, the Plaintiff: (a) driven the instant motor vehicle and visited the instant maintenance business establishment at around 09:50; (b) Defendant B, at the entrance of the maintenance business establishment, ordered the instant motor vehicle to maintain the instant motor vehicle by leaving F, who is an employee, after being requested to maintain the instant motor vehicle by the Plaintiff.

F, while driving the instant vehicle, parked on the lifts for the maintenance of 4 stocks in the instant maintenance business establishment (hereinafter “the instant lifts”), and thereafter, after getting off the instant vehicle, increased the instant lifts using wire-type containers adjacent to the driver’s seat.

The increase in the premium rates is being.