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. Facts of recognition;
A. The Plaintiff is the owner of DK7 vehicle (hereinafter “Plaintiff vehicle”), and the co-defendant C of the first instance is the owner of the E Kani vehicle (hereinafter “Defendant vehicle”).
B. On January 16, 2019, the Defendant driven the Defendant’s vehicle and driven in the vicinity of the Silung-dong Seoul Metropolitan City Estife-dong, which led to an accident where the Plaintiff, who had driven the vehicle to the front part of the Defendant’s vehicle, was stopped while driving the vehicle to the front part of the Defendant’s vehicle (hereinafter “instant accident”).
C. In the instant accident, the Plaintiff received hospitalized treatment at an F.S. oriental medical hospital from January 19, 2019 to February 1, 2019, by suffering from injury, such as climatic salt, tension, etc., requiring approximately two weeks of treatment, and disbursed KRW 45,830 as medicine expenses and outpatient treatment expenses.
After the instant accident, the Plaintiff spent KRW 100,000 as towing expenses while moving the Plaintiff’s vehicle to a maintenance station.
E. The Defendant did not become the insured of the automobile comprehensive insurance for the Defendant’s automobile, and the Plaintiff paid KRW 200,000 of its own shares, and accepted the Plaintiff’s automobile with a special agreement for self-vehicle damage insurance for which the Plaintiff subscribed.
F. From February 1, 2019 to March 2, 2019, the repair period of the Plaintiff’s vehicle, the Plaintiff leased and lent the Plaintiff’s vehicle of the same rank with the Plaintiff’s vehicle and used the IG vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-2, 3, Gap evidence 3, Gap evidence 4-1, 3, 4, and 5, and the whole purport of oral argument
2. Determination:
A. According to the above facts finding that the accident in this case occurred due to the negligence of the defendant who neglected the duty of ex officio care and failed to properly operate the brake system, the defendant is liable to compensate for the damage suffered by the plaintiff.
B. (1) The scope of damages: 1,287,717 won, the ordinary part of the first half of 2019.