Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport:

A. The Plaintiff is the owner of C-rolling stock (hereinafter “Plaintiff-motor vehicle”) in 199 benz S500, 199.

B. On July 19, 2019, the Defendant driving a D vehicle (hereinafter “Defendant vehicle”) around 14:53, and driving the vehicle in the vicinity of the west 3 intersection in the vicinity of the west 5 lane of the west 5 lane, as the distribution of Seocho-gu Seoul, along the west 14:53 vehicle, along the direction of the front gate of the Defendant vehicle, according to the five lanes of the west 5 lane of the west 5 lane. The Defendant shocked the back gate of the Plaintiff vehicle that was driven before the Defendant vehicle.

(hereinafter “instant accident”). At the time, the Defendant’s vehicle was in non-insurance condition.

C. On July 23, 2019, the Plaintiff estimated that the repair cost of the Plaintiff’s vehicle for the instant accident occurred in KRW 10,884,908 from a car repair business entity, but not until now, repair of the ridge and the ridge has not been completed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 10, 12, Eul evidence Nos. 1 and 2 (including virtual numbers) and the purport of the whole pleadings

2. Determination:

A. 1) According to the basic facts, the instant accident occurred by the Defendant’s negligence. Thus, barring any special circumstance, the Defendant is liable to compensate the Plaintiff for damages equivalent to the repair cost of the Plaintiff’s vehicle caused by the instant accident. 2) As to this, the Defendant asserts that the instant accident occurred by the concurrence of negligence by violating the Plaintiff’s duty of stopping and parking prohibition.

However, as recognized earlier, the accident of this case is an accident that occurred by towing the plaintiff's vehicle in transit at the time of the defendant's vehicle, and thus, the above argument by the defendant is rejected.

B. Comprehensively taking account of the evidence as seen earlier, 10,884,908 won in the estimate of the repair cost for the Plaintiff’s vehicle is deemed to have been calculated appropriately as the cost necessary for the repair of the Plaintiff’s vehicle caused by the instant accident, barring any special circumstance, the damage of the Plaintiff’s vehicle is the estimated amount.