손해배상(기)
1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 2,924,678 as well as 5% per annum from December 27, 2017 to July 3, 2019.
1. Occurrence of liability for damages;
A. On December 27, 2017, the Plaintiff is the Plaintiff’s GMW645Ci car (hereinafter “instant vehicle”) owned by the Plaintiff on the Cheongju-gu Vice Head of the EF Tax Office located in Jung-gu, Jung-gu, Seoul, the business of Defendant B and Nonparty D operated as a partnership business.
(2) Defendant B, who was in charge of the instant vehicle on the same day at around 15:00 on the same day, was in charge of the instant vehicle. Defendant B, while driving the instant vehicle on the same day and neglecting the duty of the front line to enter the third line, caused by occupational negligence to be damaged by the front line part of the instant vehicle to the direction connected to the road (hereinafter “instant accident”).
2) Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd.”) is an insurer that entered into a business liability insurance contract with Nonparty D to pay insurance money in the event Nonparty D becomes liable for damages caused by an insured event, such as the instant accident.
[Ground of recognition] Evidence Nos. 1 through 5-2, Evidence Nos. 9-1 through 10, each entry and video Nos. 1 through 3, evidence Nos. 1 through 3, appraiser H’s appraisal result, the purport of the whole pleadings
B. According to the facts of recognition as above, Defendant B is a tort, and Defendant B is an insurer of Nonparty D who is Defendant B and its partner, and is jointly and severally liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant accident.
2. Limitation on liability and amount of damages;
(a) Repair and lending expenses 1) Repair and lending expenses: 5,086,755 won (including surtax 2): 762,600 won for exchange and painting repair expenses) - The sum of 3.0 won for five days required for repair and 5 days for repair and 5,00 won equivalent to 5,849,355 won;
B. Limit 1 liability limitation ratio: 50% of the instant vehicle at the time of the instant accident: (a) around 250,000 km with the odometer around 15 years; and (b) prior to the instant accident, it shall be accepted in the damaged part.