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(영문) 서울북부지방법원 2020.10.15 2019나36873

손해배상(기)

Text

Of the judgment of the first instance, “2,689,149 won and its related amount from February 14, 2019 to October 15, 2020” against the Plaintiff.

Reasons

1. Basic facts

A. On February 14, 2019, at around 03:37, C, driven a D Laun cab (hereinafter referred to as “the Defendant’s vehicle”) and driven along a one-lane road in the direction of the air exhauster in the direction of the air exhauster (hereinafter referred to as “the Defendant’s vehicle”) with its drinking on February 14, 2019, by disregarding red signal and neglecting the above shooting distance, and passing through the above shooting distance as it is, it was destroyed the Plaintiff’s front part of the Plaintiff’s vehicle by causing an accident (hereinafter referred to as “the instant accident”) that conflicts with the front part of the Plaintiff’s FYFLIS cab (hereinafter referred to as “Plaintiff’s vehicle”) owned by the Plaintiff, which was normally passed in accordance with green signals in the direction of right prevention in the left subway line 7 lanes of the C’s running direction.

B. The defendant is an insurer who has concluded a comprehensive automobile insurance contract regarding the defendant's vehicle.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, or the purport of the whole pleadings

2. Determination

A. According to the above recognition of liability for damages, the instant accident occurred due to the unilateral negligence of the Defendant’s vehicle driven in violation of the signal at the intersection in drinking condition.

Therefore, the defendant, who is the insurer of the defendant's vehicle, is liable to compensate the plaintiff for the plaintiff's physical damage caused by the accident of this case.

B. (1) The gist of the Plaintiff’s assertion is that the Plaintiff’s physical damage amount of the Plaintiff’s vehicle caused by the instant accident is KRW 9,149,900, and its detailed details are as follows.

① Vehicle repair cost: 6,149,933 won. ② Towing cost: 150,000 won. ③ Insurance premium: 100,000 won: 50,000 won: 500,000 won; 500,000 won; passive damages: The Plaintiff’s vehicle could not operate for 15 days. The daily transportation income of the Plaintiff’s vehicle is 269,000 won. The transportation income of the Plaintiff’s vehicle is 269,000 won; the transportation cost of the income statement for 2019, which the Plaintiff owned and operated 81 taxi, based on the total transportation cost of the income statement for 2,381,940,446 won.