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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is the owner of C vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is the mutual aid business operator who entered into a motor vehicle mutual aid agreement with respect to D vehicle (hereinafter “Defendant vehicle”).
B. On January 2, 2018, the Defendant’s vehicle was running along the three lanes from the border name of Gyeyang-gu Incheon, Gyeyang-gu, and the vehicle was changed to the two lanes, and there was an accident against the Plaintiff’s vehicle that was proceeding on the two lanes.
(hereinafter referred to as “instant accident”). C.
A white solid line is marked between the three-lanes in which the defendant vehicle changed the lane and the two-lanes in which the vehicle has changed. D.
The Defendant paid KRW 2,166,480 in total to E, F, and G repair costs of the Plaintiff’s vehicle instead of the Plaintiff.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 2 and 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. As seen earlier than the occurrence of liability for damages, the Defendant, who is the mutual aid business operator of the Defendant’s vehicle, is liable to compensate the Plaintiff for the damages incurred by the instant accident caused by the Defendant’s vehicle, since the instant accident occurred as it conflicts with the Plaintiff’s vehicle while changing the course of the road on which the change
3. Scope of liability for damages;
A. It is natural that the cost of repairs recognized as a case where a motor vehicle is destroyed due to an accident of vehicle repair costs should be the full amount of the cost of repairs unless there are special circumstances, but the cost of repairs, such as light repairs and excessive repairs, cannot be included herein as well as the cost of repairs, unless there are special circumstances.
(See Supreme Court Decision 90Meu7569 delivered on August 14, 1990). At the bottom of a estimate of insurance repair costs (Evidence A-1) submitted by the Plaintiff, it is stated that the estimated amount may be changed depending on the increase or decrease of the parts after the decomposition and inspection.
The plaintiff is a repair cost.